Director of Public Prosecutions (DPP) Noordin Haji has terminated a Ksh. 17.6 million extortion case against blogger Cyprian Nyakundi.
The termination of the case comes after the High Court declared Nyakundi’s trial unconstitutional.
In the case, Mr. Nyakundi and his co-accused were charged with extorting Ksh. 1 million from the CEO of Victoria Commercial Bank as down payment of an earlier demand of Ksh. 17.5 million on January 20, 2020. The sum was allegedly extorted as a pre-condition for pulling down several articles posted on their blog on diverse dates between September 10, 2019 and January 15, 2020.
The police stated that the money was recovered from the suspects following successful investigations into the extortion bid, blackmail and false accusations.
Presenting the communication from the DPP, state prosecutor Esther Onunga said she had firm instructions to terminate the trial. “I have received instructions not to proceed with this matter and l therefore urge the court to terminate it then discharge the accused persons,” she said.
In a brief ruling, Milimani Principal Magistrate Ms. Zainab Abdul freed the accused persons and ordered that they be refunded the cash bails they had deposited with the court.
The High Court had previously declared the prosecution of Mr. Nyakundi unconstitutional after outlawing the law under under which they were charged.
On 11th March, 2021, Justice Antony Mrima, ruled that the Directorate of Criminal Investigations (DCI) had entrapped the blogger by illegally obtaining the evidence against him.
The judge said the evidence was null and void, and therefore not admissible in a court of law.