A Briton Jack Alexander Wolf Marrian and another suspect charged in 2016 with trafficking cocaine worth over Sh598 million have been acquitted by Kenyan court on Thursday.
High Court Judge Luka Kimaru freed them following a request by the Director of Public Prosecutions (DPP) to discontinue their prosecution after it emerged they were victims of circumstances.
Jack Marrian – grandson of the 6th Earl of Cawdor – was arrested in Nairobi in August 2016 and charged with bringing in cocaine worth £4.5 million hidden in a shipment of sugar for the trading company where he is a director.
While seeking to terminate the criminal proceedings, the DPP reasoned that it would not be in the public interest to continue with the prosecution of Marrian together with Roy Francis Mwanthi who were caught up in a web of international drug trafficking network.
In his finding justice Kimaru has applauded the DPP for having the courage to acknowledge his mistake even after calling witnesses to give evidence.
“This court agrees with the applicant that the trial court exhibited an unusual interest in the case that clouded it from appreciating the information placed before it that the DPP no longer believed they are criminally liable,” justice Kimaru said.
The DPP, Justice Kimaru added did not act in abuse of the court process and faults the trial court for unreasonably questioning the exercise of the DPP to withdraw the charge.
The drug haul will be destroyed in public on a date to be agreed upon within 14 days under the supervision of the Chief Magistrate’s Court.