Four Kenyatta National Hospital staff members, including three nurses and a support staff, were acquitted of murder charges in the case of cancer patient Cosmas Mutunga.
In court proceedings on Friday December 19,the judge stated that there was no sufficient evidence linking the suspects to the death of the patient.
The accused staff members faced allegations surrounding the death of Cosmas Mutunga on November 29, 2015.
Mutunga, 42, had been admitted to KNH on November 8 and was found dead with multiple stab wounds, a broken right leg, and one of his eyes gouged out.
The court highlighted that the accused did not act with malice or intent to kill, and there was a possibility that an unknown third party may have been involved.
“The accused persons did not act with the intent to kill or cause grievous bodily harm, and there is no evidence to rebut the possibility that the fatal act was committed by an unknown third party,” the judge stated.
The judges emphasised that the death occurred in a hospital where access could have been gained by others and where Mutunga’s pre-existing medical condition required constant care.
As a result, the prosecution failed to provide sufficient evidence to secure a conviction, leading the court to acquit all the accused of the charges.
Earlier, the nurses and the cleaner were taken for mental assessments to determine their fitness to plead, while colleagues camped outside Milimani Law Courts in Nairobi in solidarity.
The Kenya National Union of Nurses (KNUN) criticised the arrests, suggesting that the staff were being used as scapegoats for security lapses at the hospital.
“This case should not overshadow the need for better hospital security and oversight,” KNUN noted during the period of the trial.
The accused were initially released on bail of Ksh 300,000 each in 2016, and the recent acquittal brings closure to a case that has lingered for over ten years.
The judge directed that the four suspects to be released immediately, unless they are lawfully held for other reasons.
