A Jomo Kenyatta International Airport immigration officer has been released after a court approved the withdrawal of criminal charges against him, following a directive by the Office of the Director of Public Prosecutions to handle the matter through internal administrative processes instead of proceeding with a criminal trial.
John Poriot was freed by the court sitting at Kahawa Law Courts after trial magistrate Gedion Kiage allowed an application by the state to discontinue the case under Section 87(a) of the Criminal Procedure Code.
Poriot, who was represented by lawyer Danstan Omari, had been accused of facilitating the unlawful exit of two Kenyans to Thailand after allegedly promising them employment opportunities. The allegations were said to fall under provisions of the Counter-Trafficking in Persons Act.
During the proceedings, Poriot informed the court that he had written to the Office of the Director of Public Prosecutions seeking a review of the charges and clarification on whether the prosecution intended to proceed with the case.
Following that request, the prosecution reviewed the matter and directed that it be addressed through internal administrative channels within the Immigration Department instead of continuing with criminal proceedings in court.
After the directive, the state applied to withdraw the charges, a request that was granted by the court. The magistrate then discharged Poriot under Section 87(a), bringing the criminal case to an end and setting him free.
Although the criminal proceedings have been terminated, the matter may still be examined internally by the Immigration Department, which is expected to assess whether any administrative action is required in line with its internal rules and procedures.
The development highlights the role of prosecutorial discretion in determining how certain cases are handled, particularly where administrative measures are considered more suitable than criminal prosecution.
Legal observers noted that the outcome reflects the need to balance accountability with fairness in cases involving allegations linked to migration and trafficking concerns. They added that administrative oversight remains an important avenue for addressing possible gaps within public institutions.
Even with the withdrawal of charges, internal reviews by relevant authorities may still be carried out to ensure compliance with immigration regulations and to help prevent similar incidents in future.
The case also shows how coordination between the prosecution office and government departments can influence the direction of a case, especially where initial criminal charges are later deemed more appropriate for internal handling rather than full court trial.
