Two murder suspects were yesterday set free by the high court over insufficient evidence. Judge Jessy Njagi established in his ruling that the prosecution had failed to fill the gaps in the case and thereby failed to place the accused at the scene of the crime.
James Wakhungu and Kennedy Waswa were linked to the death of Paul Makokha in Simuli village, Navakholo District.
The prosecution’s case stated that the deceased, who was a co-village to the accused, was working on a farm near the homes of the suspects.
That on the same day at 6 p.m, Paul left his home and told the wife that he was going to buy cigarettes in the house of Wakhungu. The deceased was never seen again.
On the same day, a neighbor had told the court that he had seen the deceased at a nearby drinking area. The following day, Paul’s lifeless body was found next to his gate with many panga cuts.
The area chief, together with other neighbors followed blood stains up to the gate of the 1st accused who directed them to Waswa’s place. Police reports indicate that at Waswa’s place, they found mattresses and children’s clothes stained with blood.
The same reports indicated that at the scene where the body was found, the head of the deceased was covered with a child’s trouser. It is at this point that the police were involved, upon reaching the scene, established that the clothes used in covering the deceased, head belonged to the son of the second accused.
The police took the body to Kakamega Provincial General Hospital where a post-mortem was conducted days later.
The judge also observed that the prosecution failed to tender clothes stained with blood as exhibit before the court for analysis to be conducted on the same. He said that there was no report presented to prove that the said bloodstains matched the blood of the deceased.
‘’The prosecution ignored that the accused were not the only people in the company of the deceased that night. If the accused were to be placed to their defense and opted to their right of remaining silent, there is no evidence on which they can be convicted. The accused have no case to answer and are acquitted of the charges they are facing,’’ read Judge Njagi.
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