The High Court has acquitted a man accused of participating in killing a critically ill man at the Thika Referral Hospital Intensive Care Unit (ICU) ward eleven years ago.
The police had prosecuted Mr Francis Mbugua Weru as having been part of the group that raised the ward and killed Mr Maina Wangeci on December 1, 2008.
But what remains a mystery is how the group accessed the ward which is always under surveillance, shot the patient then slashed him with a panga before leaving unnoticed.
Two nurses who were on duty at the ward said that they were resting in a room next to the ward when a man stormed in, drew a gun and ordered them and their colleagues silent.
The nurse, Ms Viginiah Wanjugu Thuita narrated that at the time there was a commotion in the ward, indicating that the remaining group of the gang was already in action.
On the other hand, Ms Judy Wanjoki Karori who was also on duty said that the gunman left after the patient who was screaming went silent.
They said that they found Mr Maina bleeding after the incident, before having him transferred to the Mt Kenya Hospital where he died three days later.
The patient had been taken to the hospital after an encounter with other assailants who had kidnapped, shot and slashed him before abandoning him at Mweiga in Nyeri.
This is when he was picked up by good Samaritans and taken to the facility before the group again followed him to complete the job.
The police arrived moments later and launched s manhunt that landed Mt Mbuga, a matatu driver in police custody for allegedly participating.
But acquitting him on Monday, Justice Jairus Ngaah said that the prosecution has failed to produce evidence linking him to the murder.
“No evidence was adduced linking the accused with the murder. The two nurses who were seated outside the ICU where the deceased was admitted when he was attacked did not have the opportunity to see the actual attacker.
Neither could they remember whether Mr Weru was the person who confronted them,” the judge was quoted by the Nation.