Editor's Review

Justice Mugute stated that the prosecution failed to produce enough evidence to prove that Barasa had planned to cause chaos on the day of the said election.


Kimilili MP Didmus Barasa has been acquitted in a case where he had been charged with planning to cause chaos at the Kabuchai by-elections in 2021.

Bungoma resident magistrate John Mugute in his ruling on Monday, January 31, 2021, cited lack of sufficient evidence as the main reason for acquitting the lawmaker.

Justice Mugute stated that the prosecution failed to produce enough evidence to prove that Barasa had planned to cause chaos on the day of the said election.


"The prosecution has failed to show that a felony was about to be committed. Assuming that the accused person in this matter was found in possession of hoe sticks, which is not the case herein, that itself does not constitute a case," Mugute ruled.

Following the March 2021 Kabuchai mini polls, Barasa was arrested alongside Belgut MP Mr Nelson Koech, Chesumei's Wilson Kogo and Nandi Senator Samson Cherargei.

The three were also acquitted for lack of evidence.

The four lawmakers had been arrested on March 4, 2021, on allegations of planning chaos in Kabuchai as well as stopping officers from taking their fingerprints.

The legislators in unison alleged that their arrests were politically motivated and meant to stop them from supporting their United Democratic Alliance (UDA) candidate.

Speaking to the media after being acquitted, Barasa said that justice had finally prevailed. He assured to hit the ground campaigning for Deputy President William Ruto’s presidential bid.