The High Court in Kitale has acquitted a man accused of killing his wife and later dumping the body in a pit latrine in 2017.
According to Justice Antony Charo Mrima, the prosecution failed to present sufficient evidence to link the accused to the murder.
"Consequently, the accused are hereby acquitted pursuant to Section 322(1) of the Criminal Procedure Code. They are hereby set at liberty unless otherwise lawfully held," read part of the court rulings.
The man was accused alongside his second wife.
Court documents revealed that the deceased left for church and was seen returning home at around 2 p.m., but that was the last time she was seen alive.
When she did not return home hours later, her children got worried and started calling her phone.
The phone went unanswered which sent the children for a door-to-door search for their mother. The deceased son went to his stepmother's house where he found his father.
"He was met with hostility from the second accused and was chased away. He went to his aunt and informed her of the incident," court documents read.
At the deceased's house, the aunt found footprints near the window in the bedroom and Ksh13,000 in her purse.
The footprints were used by police to link the two accused to the murder as they led to the pit latrine where her body was found.
Her body had bruises on her body with a stab wound on her neck. Her lungs were hemorrhaged and there was no blood in the heart.
"From this Court’s perspective, I think, it will require extremely advanced investigations to connect an accused with some footsteps especially where no witness attests positively to seeing the accused walk around where the footprints were found and in circumstances where many people had the opportunity of walking around that area," the court ruled.
Further, the High Court ruled that the prosecution failed to prove that any of the accused was responsible for the death in any way whatsoever.
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