A Kenyan judge on Thursday dismissed murder charges against four Kenyan men accused in the 2002 al-Qaeda linked bombing of an Israeli-owned hotel near the southern city of Mombasa and ordered them released for lack of evidence.
Nairobi high court justice John Osiemo said prosecutors had failed to prove their case that the four had been involved in the November 28 2002 bombing of the Mombasa Paradise Hotel in which 18 people, including three suicide car bombers, were killed.
”Since …. the suicide bombers having perished during the attack, there is no evidence whatsoever to connect the accused to the murder of the deceased persons,” Osiemo said in his ruling.
”The accused ought not to have been charged with murder,” he said. ”The prosecution has not established a prima facie case against the accused persons as required in criminal law to require the court to put them on their defence.”
”I make a finding of not guilty … and acquit them. You are free, you may walk out of this court to your freedom, your sweet freedom as guaranteed in the Constitution of this republic,” he said.
The accused shouted ”Allah Akbar.” – Sapa-AFP