Trial Judge Jesse Lesit ruled that the police did not carry out proper investigations in the 2008 murder of Jackline Chepng’etich Misio thereby acquitting Onyancha.
“All these are disheartening omissions. The worst being failure to investigate a stain on the deceased’s door, captured by the Crime Scene Officer in his photo of the scene produced. Why would the police not follow this line of investigation, especially because it was the key to unravel whether the deceased committed suicide or not with certainty? The judge posed.
Adding that the prosecution did not present adduce evidence to convict the accused.
“I find that the prosecution did not adduce evidence sufficient to cogently and firmly establish the circumstances from which the inference of guilt was sought to be drawn. The evidence adduced fell far below proof on the required standard of proof of beyond any reasonable doubt,” she said.
“I am convinced that the deceased may have been murdered however there is no evidence that the accused was the author of her death,” the court ruled.
Onyancha, who pleaded not guilty in 2014 before Justice Jessie Lessit, claimed he did not commit the crime.
While giving his defence , Onyancha told the trial judge that the woman he is accused of killing committed suicide in her house at Mount Kenya Building in Nairobi.
The judge further thanked Lawyer Mary Chepseba who represented Onyancha after many refused to represent him.
“I think that the lesson we learn from this is that we should give every human being their right as guaranteed in the Constitution, whoever they may be, whatever is believed they may have done. After all, all that the Courts do is to give verdicts. Judgment belongs to God. He is the true judge. He acquits, He convicts, He gives appropriate vengeance to those victimized, and most importantly, He decides the fitting punishment in each case, and does not need the Court to do so,” she added.
However, Onyancha is not yet off the hook yet since he has other matters pending in court.
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