A Magistrate Court has acquitted former Pangani Officer Commanding Station (OCS) Samir Yunus and his junior officer, Amos Odhiambo, of charges relating to aiding the escape of a Somali national from lawful custody. The two were accused of facilitating the escape of Hussein Mumin Hassan from Pangani police station on April 12, 2022, a charge brought under Section 124 (a) of the Penal Code.
In her ruling delivered on June 30, 2025, Principal Magistrate Caroline Mugo declared that the prosecution failed to establish a prima facie case against the officers. The court pointed out glaring inconsistencies in the prosecution’s case, as well as a lack of credible evidence to support the charges. The magistrate further ruled that both accused officers should be released immediately unless held for other legal reasons.
The defense successfully argued that the nine witnesses presented by the prosecution failed to link the officers to any wrongdoing. Among the key witnesses was Police Constable Otieno William Omondi, who testified that on the day of the incident, he received a phone call from the OCS asking whether the prisoner was in the cells. Upon confirming Mumin’s presence, he was instructed to remove him from custody and await further orders. He later received another call from Odhiambo, who directed him to take three prisoners, including Mumin, to his office.
Omondi testified that he recorded in the Occurrence Book (OB) that the prisoners were released under the OCS’s instruction, and that there were no complaints. He also stated that Odhiambo signed the cell register, indicating Mumin was to be repatriated to Somalia.
Another witness, Police Constable Moses Mwaniki, added that Mumin had pleaded guilty to being unlawfully in Kenya and was fined Ksh10,000. Mwaniki testified that he obtained a repatriation order and submitted it to his superiors, although the court noted no supporting documentation or confirmation from immigration or diplomatic sources.
One of the significant weaknesses identified in the prosecution’s case was the reliance on a televised exposé aired by a local station months after the incident. The magistrate dismissed this as insufficient evidence to support criminal conviction. Additionally, inconsistencies were noted between the OB records and the cell register. While one document suggested a routine release, the other mentioned repatriation, creating doubt about the actual sequence of events.
The prosecution’s failure to provide testimony from officials at the Somali Embassy or the Ministry of Foreign Affairs to confirm whether Mumin had indeed been deported further weakened the case. Ultimately, the court ruled that the available evidence was not enough to warrant a conviction and cleared both officers of all charges.
