The State has appealed against the acquittal of former Nakuru Town MP David Manyara and 12 other suspects who had been charged with murder.
The Attorney General has filed a notice of appeal against Nakuru judge Justice Daniel Musinga's decision to free Manyara and the 12 suspected Mungiki members.
The notice of appeal indicates that the State was not satisfied with ruling of Justice Musinga who last December 15 freed the former MP and his co-accused on grounds of insufficient evidence.
In the memorandum of appeal, State Counsel John Koech claims that the judge ought to have placed all the accused on their defence.
The appeal is likely to be heard by the Court of Appeal in Nakuru next month.
Manyara and his co-accused who were accused of killing 10 people on January 5, 2003, were acquitted by Musinga who ruled that they had no case to answer.
They were arrested after violence rocked Nakuru town in early 2003 when suspected Mungiki adherents terrorised and hacked several people to death.
Those freed alongside Manyara were John Njenga, Jeremiah Muturi, Jeremiah Wanjiku, Duncan Ndichu, John Kiaye, Samuel Maina, Peter Githuka, Francis Njoroge, Paul Kimani, Mto Mkoloi, Kariuki Mugo and David Wanyoike.
They had been charged with murdering 10 people on January 5, 2003, at Flamingo, Kimathi and Lakeview Estates in Nakuru.
The appeal came as Manyara was planning to sue the State for malicious prosecution.