MOMBASA, Kenya — A criminal case involving the alleged abduction and gang sodomy of Mombasa blogger Bruce John Khajira took a dramatic turn at the Shanzu Law Courts on Wednesday when the complainant requested the immediate withdrawal of all charges.
Appearing before Shanzu Magistrate Mbogo, Mr. Khajira informed the court that he had decided not to proceed with the case, effectively ambushing the prosecution. He claimed his decision was final and personal, despite the gravity of the accusations.
Addressing the magistrate, the blogger emphatically stated: ‘Your honor I am not going to listen to anybody. This my personal decision to forgive all five suspects and I want with all charges against them dropped.”
The five suspects—Omar Babu, Abdul Athman, Violet Adera, Esther Muthoni, and Hajj Bubu—had been charged in connection with an incident that occurred in September last year.
The complainant had alleged he was abducted, gang-raped, and sodomized after publishing what the suspects considered to be abusive and defamatory words against Mombasa Governor Sharif Nasir.
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Furthermore, a former county executive for lands, urban planning and housing, Mohammed Hussein, was arrested in connection with the abduction and sodomy before being released.
The prosecution immediately opposed the blogger’s application to withdraw the case.
According to the prosecution, the state is the principal complainant in all serious criminal matters. As such, the power to initiate the withdrawal of sexual offense cases rests solely with the Office of the Director of Public Prosecutions (ODPP), and not with the complainant.
This unusual application to withdraw the case comes amid unconfirmed allegations of interference by powerful individuals within the county who have been adversely mentioned in connection with the charges.
The court will now have to determine the legal standing of the complainant’s application against the mandatory procedural requirements for sexual offense cases.
