, NAIROBI, Kenya, Mar 24 – The Director of Public Prosecutions Keriako Tobiko intends to appeal the acquittal of two main suspects behind the 2014 Mpeketoni terrorist attack where more than 60 people were killed.
In his notice of appeal filed Wednesday, the DPP requested for the proceedings of the case within 14 days so that he may challenge the acquittal.
He expressed dissatisfaction with the ruling by High Court judge Martin Muya that exonerated Mahadi Swaleh alias Jesus and Dyna Suleiman in the planning and execution of the killings.
“Take notice that the Director of Public Prosecutions being dissatisfied with the whole judgment of the learned honourable Mr Justice M. Muya delivered on 23rd March 2016 and the acquittal of the respondents intends to appeal to the Court of Appeal against the whole of the said judgment,” the notice states.
He wants the acquittal to be substituted with a conviction of murder and the two sentenced to death.
“And to have the acquittal substituted with conviction of murder contrary to section 203 as read with section 204 penal code, cap 75 laws of Kenya and the respondents be sentenced to the mandatory death sentence,” it said.
Muya had said that the prosecution failed to prove beyond reasonable doubt that the two who were facing 60 counts of murder were directly involved in the attacks.
He pointed out that a lot of resources and manpower were utilised in this case which he found to have been poorly investigated.
Dyna was accused of ferrying the attackers from Mombasa to Lamu using two matatus that he claimed were hijacked by Al Shabaab to carry out the attack while Swaleh planned eviction non-locals.
According to the prosecution, the offences were committed during the period between June 15 and 17, 2014 at Kaisari Village and Mpeketoni Township in Lamu County.