Elly Waga Omondi charged with the murder of a defenseless student in the year 2012 leaving milimani law courts after he was acquitted by a Nairobi court.
BY SAM ALFAN.
A man charged with the murder of a defenseless student in the year 2012 has been acquitted by a Nairobi court.
Now a free man, Elly Waga Omondi had pleaded not guilty to the murder of Edinah Nyanchama Mogambi. The case proceeded to trial where thirteen witnesses testified in the suit.
Mr Omondi was the sole witness in his defense.
Justice Stella Mutoko said that while the court emphasizes with the family of the deceased, the law must be followed and the court must have enough evidence to warrant sentencing of an accused.
She added that in Omondi’s case, the threshold beyond reasonable doubt had not been met.
Justice Mutoko said that where there are doubts in a case then the accused person’s benefits from the doubts created by the evidence.
She added that the court as an administrator of justice had no alternative but remove the benefit from the accused person.
“The witness confirmed that by the time he took the photographs of the scene, the body had been removed from the scene,” said Justice Stella mutoko.
Omondi is now a free man.
