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The High Court in Siaya has acquitted five youths charged with the murder of Lawrence Otieno.
Judge David Kemei freed Nicholas Omondi Oduol, alias Nicky, Leon Otieno Odipo, Samuel Owino Juma, alias Owisly, Kevin Ochieng Omondi and Joanes Ochieng Ongar after finding that prosecutors failed to prove their guilt beyond reasonable doubt.
The five had been accused of murdering Otieno on February 17, 2024, in Ngura village, Central Alego location, Siaya county.
They testified that on their way home from a funeral vigil, a group confronted them, flashing torches and they ran away.
They were later arrested by a mob that stormed their homes.
The prosecution's case rested almost entirely on Joseph Ouma Oliech, a cousin of the deceased.
Oliech testified he and the deceased left the vigil at 12.30am, but they were attacked on the road and he recognised the accused persons.
Oliech said he was struck with a stick by the attackers and he ran a few metres from the scene, leaving his cousin behind. On coming back to check on his cousin, he found him lying on the ground.
Otieno died from heart and lung failure after a heavy blow to his chest caused massive internal bleeding.
However, the defence argued the youths were framed by a witness pursuing personal revenge.
The defence also argued no forensic evidence, weapons or DNA linked the accused to the crime and they were arrested by a mob rather than through a proper police identification parade.
“None of the prosecution witnesses demonstrated the accused persons or subjects had any intention to kill or cause grievous harm to the deceased,” the defence argued.
During cross-examination, Oliech testified that "he sought justice and maintained that all five accused persons belonged in prison".
His accounts of the lighting conditions contradicted defence testimony, varying between torchlight, moonlight and distant security lights.
Justice Kemei agreed the prosecution had failed to prove its case beyond reasonable doubt.
The court found the conditions for identification were poor, the light source was inconsistent and the defence narrative was plausible.
The trial highlighted severe procedural irregularities after irate village mobs, armed with clubs, pangas and dogs, hunted down the suspects at their homes and handed them over to police.
Officers failed to conduct formal identification parades or verify allegations before charging the youths.
"The prosecution's case rests on the uncorroborated and contradictory evidence of a single witness. The conditions for identification were not favourable and there is a real danger of a mistaken identity," he ruled.
“The prosecution's case is built on a foundation of sand.”
The court noted that mere presence at a funeral vigil does not make a person a murderer and the mob mentality undermined the reliability of the identification.
“I find each of the five accused persons not guilty of the offence of murder. They are hereby acquitted and shall be set at liberty forthwith unless otherwise lawfully held.”
