A Kisumu Court has terminated a case in which Kisumu Senator Fred Outa was accused alongside other four others for the destruction of Independent Electoral and Boundaries Commission (IEBC) election materials during the repeat election in October 2017.
Outa, former Kisumu Deputy Governor Ruth Odinga, Kondele MCA Joachim Oketch and two others were charged in 2017.
Chief Magistrate Peter Gesore says the prosecution had intended to withdraw the case but made an about turn after introducing a complainant who was injured during the fracas that happened at Prosperity House.
The prosecution was ready to withdraw the case after nine witnesses that were lined up to testify in the case all failed to show up since the matter started.
Gesore says the accused defense opposed to the idea of reintroducing a new complainant since her name did not appear in the charge sheet.
He ruled that the complaint has a right to press fresh charges against the accused separately.
Gesore further ruled that the complainant has not appeared in the proceedings since it was initiated in 2018.
He ordered that the charges be withdrawn and directed the complainant to seek for justice if she so wish.
The chief magistrate further ruled that the accused be handed over their sureties that were deposited in court.