- The accused were alleged to have violently robbed Police Constable Simon Lochodo of a G3 rifle with 20 rounds of ammunition.
- They were not taken to any medical facility to have their samples taken for DNA sampling.
- The accused, who were represented by lawyer Yusuf Aboubakar, denied committing the offence.
Five men who were charged with violently robbing a police officer of his rifle and ammunition, leading to his death, have been acquitted by a Mombasa court.
Mombasa Principal Magistrate Edgar Kagoni Tuesday said the prosecution failed to prove its case against Mohamed Mwachande, Mohamed Salim, Kassim Ahmed, Mohamed Abdala and Ali Omar.
“I find each of the accused persons not guilty of the offence of robbery with violence and acquit them under Section 215 of the Criminal Procedure Code,” said Mr Kagoni.
The accused were alleged to have violently robbed Police Constable Simon Lochodo of a G3 rifle with 20 rounds of ammunition valued at Sh75,000 and, immediately before the time of the robbery, fatally wounded him.
The magistrate further ruled that in the absence of the evidence by the officer who extracted samples from the accused, it would be unsafe to rely on the contents of a government analyst’s report placing them in a house where the rifle was recovered.
“The prosecution’s case was hinged on the recovery of the rifle which was stolen. I have found that no evidence has been tendered to link any of the accused to the house in which the weapon was recovered,” said Mr Kagoni.