Omar Lali, the boyfriend to the late Keroche heiress Tecra Muigai, on Thursday, July 16, broke down in court after the Office of the Director of Public Prosecutions applied to terminate court proceedings against him.
Lali was release and set at liberty after the DPP requested for an open inquest.
He was charged following Muigai's death on Saturday, May 2, after claims that she was pushed her down a flight of stairs to her death.
Muigai was found dead at a private house in Shella, Lamu Island where the couple had been staying together.
Lali had been charged at the Lamu law courts after the Director of Public Prosecutions (DPP) reviewed toxicological evidence, detailed post mortem reports and phone records.
He was arrested in May and freed on bond pending investigations.
However, on Monday, July 13, Lali was re-arrested after an application by state lawyer Eddie Kadebe that the prosecution had gathered enough evidence.
The evidence included toxicology, postmortem reports, phone records and other witness statements.
Lali was arrested after detectives reportedly picked inconsistencies with his account of how the Keroche Breweries director of strategy and innovation met her death.
Initially, Lali indicated that Muigai tumbled down a flight of stairs and later changed his account to claim that she tripped in the bathroom.