The High Court has acquitted a boda boda rider accused of killing his fellow rider in 2020.

Justice Kanyi Kimondo freed Peter Weru, alias Ngotho, after finding that the prosecution had failed to prove beyond reasonable doubt that he inflicted the injuries that led to the death of Jackson Mwai Chege.

The judge ruled that although Weru and Chege had fought on September 20, 2020, medical evidence showed that the fatal injuries were sustained several days later, raising doubts about the prosecution's case.

Chege was found dead in his one-room house in Maili Saba, Dandora, on the morning of September 24, 2020, with traces of blood on the floor.

In his judgment delivered on October 29, Justice Kimondo relied on evidence from pathologist Dr Peter Ndegwa, who established that Chege died from multiple injuries caused by blunt force trauma.

The pathologist testified that the injuries were recent and had been inflicted within 24 hours before the postmortem examination.

The judge concluded that the fatal injuries were more likely inflicted on September 23 or during the night that followed, placing them outside the timeframe of the September 20 fight between the two riders.

The court also questioned the police investigation, particularly the failure to adequately examine a confrontation between the deceased and his younger brother, Bernard Kinuthia, on the night before his death.

The court heard that Chege picked a knife from the kitchen but was disarmed by his brother. He later returned with another knife, which broke during a struggle between the two, leaving Kinuthia injured.

However, the investigating officer failed to obtain DNA reference samples from the deceased and his brother, while bloodstained knives and clothing collected during investigations were never produced in court.

The judge questioned why the brother's possible role had not been adequately investigated, noting that the failure to examine the circumstances surrounding the confrontation had left significant gaps in the case.

"I am dumbfounded by the considerable investigative gaps in this case," Justice Kimondo observed.

The court further found that allegations that Weru had assaulted Chege on September 22 and 23 were not independently corroborated.

Although the deceased had reported an assault at Mowlem Police Post on September 22, the occurrence book recorded only an injury to his upper lip.

Justice Kimondo also questioned the reliability of statements attributed to the deceased, which the prosecution had urged the court to accept as dying declarations.

He noted that on September 23, the deceased was reportedly drunk, hallucinating and not of sound mind, according to his brother's testimony.

The judge also observed that the deceased had continued working after the initial fight, making it difficult to establish that the statements were made in circumstances supporting their treatment as dying declarations.

The prosecution had argued that Weru was responsible for the death, relying on evidence that the two had fought and that the deceased had repeatedly told family members that the accused had assaulted him.

However, the judge found that the prosecution had not established that Weru inflicted the fatal injuries or acted with malice aforethought, a key ingredient in a murder charge.

Weru denied killing Chege but admitted that they had fought on September 20, 2020. He maintained that he never encountered the deceased again after the confrontation.

The court ordered Weru's immediate release unless he was otherwise lawfully held.

"The accused person is hereby acquitted. He shall be set at liberty forthwith unless otherwise lawfully held," Justice Kimondo ruled.

His acquittal brings to an end a six-year legal battle during which he received support from International Justice Mission (IJM) Kenya, which began assisting him in 2021 after learning of his case during prison visits.

The organisation provided him with legal representation, psychosocial support, economic empowerment assistance and case management services for him and his family.

"When we first met Weru in prison, he couldn't meet bail, and we faced a lot of challenges obtaining information from the investigation side. But our team remained dedicated; we cast doubt on the prosecution's case, and today justice has prevailed. Our client walks free, cleared of all murder charges," said Janice Muchemi, the IJM lawyer who represented Weru.

IJM Kenya said the judgment was a major relief for Weru and his family, who had endured years of uncertainty and separation.

"For Weru and his family, today's judgment is more than a court ruling. It is the restoration of hope after years of uncertainty, separation, and hardship. We celebrate this outcome and remain grateful for his resilience throughout the long wait for justice," said Mary Okello, a Survivor Services staff member at IJM Kenya.

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