Court frees mineworker convicted of running over boss with excavator

A mine worker who had been jailed for 25 years for killing his supervisor by running over him with an excavator after a work squabble has been freed for lack of sufficient evidence.

Court papers show that David Chege had conflict with his boss Lawrence Ogoro at their Garissa gypsum mining site, leading to the mysterious disappearance and death of Ogoro in 2014.

Issues around the case show that there was an excavator that was broken down and some 400 litres of diesel that had gone missing and the two were reportedly involved.

One day, the two left the site to go get another excavator from a nearby site to continue with the work but only Chege came back with the heavy machine.

That was the last time the supervisor was seen. His tattered clothes, body parts like broken ribs, hair, nails and small parts of the leg would be fetched at a nearby field and were taken to the local mortuary.

His wallet with an ID card and bus ticket was also found.

The local police ordered that Chege be arrested because he was the last person with the deceased and that he knew to operate the machine, hence he could have known the fate of his superior.

Days later as investigation picked pace, other parts of the body of the man would be found at a nearby thicket covered with fresh soil.

Chege was tried for murder and convicted at the High court and sentenced to 25 years in February 2022.

But on October 3, the Court of Appeal overturned that conviction and ordered his immediate release, saying the evidence used to jail him was insufficient and largely circumstantial.

The appeal, heard before Justices Patrick Kiage, Gatembu Kairu and Grace Ngenye, concluded that the prosecution failed to meet the legal threshold required to sustain a murder conviction.

The court found that although the circumstances surrounding Ogoro’s death were suspicious and Chege’s actions raised questions, there was no direct evidence proving he was responsible for the killing.

Key evidence presented in the trial was either based on inference or statements from people who were not present at the time of the alleged incident.

The judges also questioned the custody of the physical exhibits and said the trial court made a mistake in relying on hearsay and assumptions.

“There were gaps in the evidence that should have benefited the accused,” the judges ruled, adding that the burden of proof in criminal cases must always remain with the prosecution and be beyond reasonable doubt.

“In the premises, we agree [...] that this appeal is merited. Having re-evaluated the evidence adduced, we come to the inescapable conclusion that the prosecution failed to prove that the death of the deceased was caused by the appellant. That being the case, we find merit in the appeal, set aside the conviction of the appellant in Garissa High Court Criminal Case No. 15 of 2014 and quash the sentence imposed upon him,” the judges ordered.

Chege, who had maintained his innocence throughout, will now walk free after spending over three years in custody since his sentencing.

Instant analysis

Legal experts say the case highlights the importance of thorough investigations and the need for courts to rely only on solid, admissible evidence when determining guilt in serious criminal cases. The Office of the Director of Public Prosecutions has not yet indicated whether it will appeal the decision or seek a review.