In a significant ruling, the Court of Appeal has saved a man who was sentenced to death on allegations of murdering a woman in 2009 at a pub located in Mukuru kwa Reuben Slums.
The panel of judges, comprising Aske Makhandia, A.K. Murgor, and G.W. Ngenye-Macharia, concluded that the man had been unfairly judged and wrongfully sentenced to death.
The judges stated, “Having found that the prosecution failed to establish a connection between the appellant and the death of the deceased, we shall not delve into other issues that were raised, as well as the propriety of the sentence.”
As a result of the ruling, the Court of Appeal allowed the appeal and quashed the conviction. The courts have thus set aside the death sentence imposed on the appellant. They ordered that he be set free immediately unless lawfully held otherwise.
The decision brings a moment of relief for the man who has been living under the shadow of a grave sentence.
During the incident, the man, who worked at the local bar, narrated that the deceased woman had visited the establishment and ordered a soda. Later, she allegedly put a substance from her purse into the drink which caused her to start vomiting.
Concerned for her well-being, the appellant moved the woman to a safer area where she could rest. He explained that he closed the bar around 11 pm and went home with his boss.
He added that he took the boss home with him. This was because the boss claimed his wife had the house keys and was not present.
As it was raining heavily, the man reportedly decided to lock the lady inside the bar. He did this since she was still intoxicated. He added that he felt it was unsafe and inhumane to send her out at that hour.
The following morning, when the appellant returned, he found the lady unconscious and seemingly dead on the floor. He promptly alerted the police, who initiated an investigation into the matter.
According to police reports, the deceased showed signs of strangulation with bruises on her neck. This, according to the police indicated possible assault by the culprit(s).
“Externally, she had bruises around the neck and below the chin. The feet were cyanosed meaning there was no supply of oxygen to those areas. Her neck muscles were bruised and her rectum had collapsed. There were bruises around the anus as well as the internal genitalia,” read part of the doctor’s report.
The appellant became the primary suspect in the case and was subsequently sentenced to death, mainly due to being the last person seen with the deceased.
However, the man raised a complaint that the prosecution had failed to thoroughly interrogate key witnesses, such as the pub owner’s wife and the night security guard, to shed more light on the case.
The Court of Appeal concurred, asserting that the police investigation had been inadequate and had failed to shed sufficient light on the events of that fateful night.
“The conclusion arrived at was merely that the blood type found on the deceased’s underwear was of group A. The question that begs is; whether blood group A belongs to whom or what? This was a most shoddy way of conducting investigations,” the judges expressed their concern.
With the Court of Appeal’s ruling, the man’s death sentence has been overturned. This sheds new light on the case and highlighted the importance of conducting thorough and fair investigations to ensure justice is served.
