A man who was arraigned before a Kiambu High Court to answer to charges of murder has been acquitted.
Wilfred Njoroge Gachie was being accused of killing Samuel Njenga Macharia on the night of April 27, 2018, after he left a bar in Githunguri, Kiambu County.
Lady Justice Christine Meoli in her ruling acquitted Gachie saying that the investigating officer failed to bond key witnesses.
Justice Meoli in her ruling said that the case was poorly investigated adding that key piece of evidence that connected the accused person to the crime was circumstantial evidence.
She noted that the accused person was arrested on suspicion that he had murdered Macharia after he was caught attempting to collect a phone that lay by the deceased’s body.
“This court is of the view that evidence tendered by the prosecution does not rise up to prima facie standard and thereby cannot justify placing the accused person to his defence” ruled the judge as quoted by Kenya News Agency (KNA).
The body of the deceased was discovered at Marige Shopping Centre in Githunguri Sub-County within Kiambu County.
In the case, Area chief at the time Joseph Njuguna Kago in his testimony told the court that on the material date he arrived at the scene early morning and found a crowd had gathered at the scene.
Kago told the court that he saw the accused person approaching claiming that he was looking for his phone and he was arrested when he picked an ITEL phone that lay next to the body.
Justice Meoli in her ruling questioned why the area chief failed to record in his statement to the police that the accused person wanted to collect the phone and in broad daylight where a crowd had gathered.