By Chris Ojow
A man who was facing a charge of murder contrary to section 203 and 204 of the Penal Code has been acquitted by the High Court in Nairobi.
Cornelius Mutemi who runs a small business in Eastleigh in Nairobi and also works as a security officer was charge that on 7th June 2015 in Huruma area in Nairobi, he murdered an administrative Policeman, Newton Kimeu Nguthu.
The accused who was represented by the Nairobi lawyer and Engineer John Ogada who was assisted by Kevin Sunday Oloo during the trial had denied the charge and the case was heard before Justice James Wakiaga.
The prosecution had alleged that the deceased was beaten by the accused while visiting him at his house in Huruma Area Nairobi. They also relied on dying declarations of the accused to some relatives several days after the alleged assault. But the accused presented an alibi showing that he was away at work when the deceased was supposed to have been assaulted and the prosecution case had many contradictions.
The defense also presented evidence that the deceased was a habitual alcoholic and could have been beaten elsewhere while on his drinking spree.
In his judgment, Justice Wakiaga noted that the prosecution had not proved any case against Mutemi. He was acquitted and set free.