Controversial blogger Cyprian Nyakundi’s is now completely free of the Ksh. 17.6 million extortion case that has been hanging over his head like a dark cloud as the Director of Public Prosecution Noordin Haji has moved to terminate it.
Only last week, Nyakundi’s lawyer, Dudley Ochiel, complained that their continued court attendance despite the nullification of their case amounted to a violation of his client’s rights.
This move comes in the wake of the court declaring his trial unconstitutional after the high court determined that the evidence against him was not obtained in the correct manner.
Basically, Mr. Nyakundi found himself in trouble together with co-accused Emmanuel Nyamweya, for allegedly extorting Ksh. 1 million from the Chief Executive officer of Victoria Commercial Bank being down payment for Ksh. 17.5 which the duo had earlier demanded.
The money was to be paid in exchange for the two pulling down libelous articles posted on their blog between September 10, 2019 and January 15, 2020. The offense was committed on January 20, 2020, at the Westgate Mall in Nairobi.
According to The Nation, the police said they recovered the money from the suspects after successfully investigating the extortion bid, blackmail as well as false accusations.
While presenting the DPP’s communication, to Milimani Principal Magistrate Ms. Zainab Abdul on Monday, state prosecutor Esther Onunga said she had been firmly instructed to terminate the trial.
“I have received instructions not to proceed with this matter and l, therefore, urge the court to terminate it then discharge the accused persons,” she said.
In her ruling, Ms. Abdul freed the two and ordered a refund of their cash bails.
Nyakundi has been having a lucky streak in court as just three months ago he also won a case against section 66 of the penal code after the High court of Kenya ruled it unconstitutional.
In the landmark case, Nyakundi was accused of an alarming publication contrary to section 66 of the Penal Code as read with section 36 of the penal code.
The publication in question is a tweet on 11th May 2018 that read: “Kenya Power is being looted by Jubilee through Ken Tarus who got a job as the Managing Director (MD) with fake papers. This country is led by criminals”