Man acquitted of man slaughter charges for lack of evidence.
25 July 2014, 18:29
Mombasa - A court has acquitted a man of man slaughter charges after the prosecution failed to produce standard evidence to link the accused with the killing.
Senior magistrate Maxwell Gacheru said there was no direct or circumstantial evidence linking the accused with the commission of the offence.
“Without all this evidence to link the accused to the offence I here by struck out this case and the accused is released under section 215 of the penal code.” Said Gacheru
Ahmed Mwandira Kituku was charged with manslaughter contrary to section 202 it is alleged that on February 17 2011 at Mikindani Kijiweni stage in Changamwe within Coastal province unlawfully killed Munyihiya Ali.
It was alleged in the case that the accused with other boda boda operator had attacked the accused while he was on his way home at around 2.am and Kituku had hit the deceased with a block of wood on the head.
During the hearing of the case no eye witness testified to say that the accused was among those who participated in the assaulting of the accused.
Gacheru said the prosecution had failed to call a medical officer to adduce evidence on the cause of death and only provided photographic evidence.
“The prosecution could not assume the cause of death since there was no post mortem done on the body of the accused to determine the cause of death” said Gacheru.
However the prosecution had defended itself that the family members of the accused had declined to offer the body for the postmortem and a witness a father to the deceased said post mortem was against the Muslim religion.
Gacheru also dismissed the evidence produced by the investigating officer that the accused had confined to an unknown man that the accused had admitted to have committed the offence since no effort was done by the prosecution to prove the alleged evidence.
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