Outrage as court frees burglary suspect, hands over stolen goods to him

Outrage has greeted the outcome of a case in Ngong, Kajiado county after a court ordered that stolen household goods be released to an accused person after setting him free.

The order signed by Resident Magistrate J.M. Mulisho directed the Officer Commanding the Oloolua Police Station to immediately release the accused, Cornel Otieno Onyango and return to him household goods that were earlier confiscated from his residence by police as exhibits.

The accused was charged with breaking into a house belonging to the late Rhoda Wanjiku Gitau in January this year and stealing household items valued over Sh 700,000.

The court ruling drew sharp criticism from members of the family of the deceased who said it sets a dangerous precedent where suspects are not only set free without trial, but also emboldened to pursue their criminal activities.

David Kiarie, a complainant who is a son to the deceased, says he was shocked at the court’s decision as the matter was never heard and determined based on evidence that would have been presented to court by witnesses.

He added that even more shocking was the court order to have the stolen items released to the suspect as there was incriminating evidence which included closed circuit television (CCTV) footage.

“We were shocked by such an order because releasing stolen property to suspects without proof of ownership amounts to giving them a license to continue stealing or committing more crimes,” stated Kiarie.

In the ruling dated April 14, 2026, the court discharged the suspect under Section 87 (a) of the Criminal Procedure Code and ordered that he be refunded his cash bail and the exhibits detained at the Oloolua police station be released to him forthwith.

Addressing journalists outside the Oloolua police station, Kiarie explained how the CCTV video clips which were part of the prosecution’s case against the accused, captured in detail the break-in which occurred months after the demise of his mother who owned and lived in a rental flat in the area.

He said as a prosecution witness he was not called to testify but was only informed later that the matter was withdrawn under Section 87 (a) and the suspect released with an order to the police to release the exhibits to him.

The complainant is now asking Chief Justice Martha Koome to intervene and ensure justice is done and that the judiciary is not compromised by people who have no regard for the rule of law.

“Many Kenyans may be suffering in silence as a result of similar court decisions. The judiciary is where we run to for justice and fairness, but the court order issued in our case casts a dark shadow over this perception,” he lamented.

Kiarie added that the suspect had gone to the police station in an attempt to repossess the exhibits, but the OCS was not around to effect the court order.

He, however, commended the police for doing their part only for the prosecution to disregard the effort by instigating a withdrawal of the case.

In a letter to the ODPP, Kiarie through his lawyer Murunga Makau, expressed his dismay and frustration over the decision to withdraw the case.

“Kindly but urgently furnish us with information in respect to the circumstances and/or reasons why the case was withdrawn,” reads the letter dated April 20, 2026.