A murder convict, Paul Njoroge Kamau, who had been serving a life sentence, has been released by the Court of Appeal due to a critical failure by the prosecution to present a key witness in his trial.
The court deemed the absence of crucial testimony as a significant flaw in the case, rendering the conviction insufficient.
Kamau’s conviction in July 2013 stemmed from an alleged murder committed in October 2010 in Narok county. The prosecution accused him and others of fatally attacking the victim in his home, using a rope to strangle him while inflicting severe injuries with a stick.
A postmortem examination revealed the extent of the victim’s injuries, indicating strangulation and fatal blows to the head and body. Despite seven witnesses testifying for the prosecution, including police officers and the doctor who conducted the postmortem, doubts arose regarding the strength of the evidence.
During the trial, Kamau maintained his innocence, stating that there was no animosity between him and the victim and denying any intent to cause harm. His legal team argued that the evidence against him was shaky and failed to meet the burden of proof required for a conviction.
In their March 22 judgment, the Court of Appeal concurred with Kamau’s lawyers, highlighting inconsistencies in the prosecution’s case and the reliance on testimony from a single witness, PW3. They criticized the prosecution for not presenting other mentioned witnesses and noted discrepancies in PW3’s account, including their distance from the crime scene.
Ultimately, the Court of Appeal ruled in favor of Kamau, emphasizing the lack of compelling evidence and the prosecution’s failure to address key aspects of the case, resulting in his release from prison.
