In Summary
  • Justice Teresia Matheka freed Danson Ngaruka Muturi who had been in remand for three years awaiting trial.
  • The hearing of case was adjourned for more than ten times due to the challenges experienced by the prosecution.
  • Mr Muturi has been in remand after a pre-bail report raised fears about his safety.

The High Court in Nyeri has freed a 23-year-old man charged with the murder of his cousin the after family members and State officers refused to testify against him.

Justice Teresia Matheka freed Danson Ngaruka Muturi who had been in remand for three years awaiting trial.

The judge said that according to the records in the file, the prosecution did not produce a single witness to testify against the accused person.

The hearing of case was adjourned for more than ten times due to the challenges experienced by the prosecution.

RECANTED STATEMENTS

State prosecutors told the court several times that the witnesses, who were relatives of the suspect, and would not testify as they had recanted their statements.

The court also heard that the witnesses refused to receive summons.

In some instances, the State said, the relatives were served with the summons, appeared in court but disappeared before they could testify.

The charge stated that on the night of January 17, 2015, Mr Muturi murdered David Ndonga Ngaruka at Gathanji village, Kiaguthu Sub-Location in Nyeri County. He denied the charges. A psychiatric examination showed he was fit to stand trial.

SUMMONS

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