By EVELYN KWAMBOKA AND MAUREEN ODUOR

The High Court in Kisumu has set free two men suspected to have murdered a student at Maseno University’s Kilimanjaro Hostel.

Duncan Otieno Ogutu and Tony Wanga Were escaped the hangman’s noose after the court declared investigations carried out by the police into Millicent Awuor Oduor’s murder as shoddy.

The student was found lying on the floor unconscious on June 11, 2005, but was pronounced dead on arrival at the Nyanza Provincial Hospital, causing riots at the campus.

A postmortem report showed she had been stabbed on the abdomen, chest and the left hand. She died of shock due to hemorrhage.

On Wednesday, Judge Abida Aroni said the prosecution failed to call key witnesses who could have tied the loose ends. The prosecution called 11 witnesses who testified against the two.

“In the absence of proper investigation, there is neither direct nor circumstantial evidence linking the accused persons to the crime,” the judge said.

She also said none of the prosecution witnesses mentioned the second accused person when giving their testimonies.

From the prosecution’s evidence, Ogutu left his place of work in Naivasha and proceeded to the campus to see his lover and they had a misunderstanding on the fateful day.

There was no eye witness to the crime but one of those who testified said he saw Ogutu leave the scene.

Strained relationship

Ms Jackline Kavetsa, a teacher, who had shared a room with the deceased, told the court the couple had a strained relationship and she decided to talk to both of them but the girl did not turn up.

Ogutu then told Kavetsa that he was thinking of committing suicide because of frustrations.

At the close of the hearing, the prosecution argued that it had proved its case beyond any reasonable doubt; that Ogutu killed his girlfriend in cold blood for rejecting him.

But on Wednesday, the judge dismissed the prosecution’s claims on grounds that from evidence on record, none of the 11 witnesses were at the scene of crime when the deceased was stabbed.

The judge pointed out that witness number eight testified that he heard screams and saw a person emerge from the hostel running while carrying a bag.

Judge Aroni said it is not clear why the police left out as a witness, a boy who is said to have screamed “Amemdunga mwenzake hapa (he has stabbed his colleague here).

“She said it is not clear why the police ruled him out as a suspect and whether he was the last person to be seen with the deceased.

The judge also took issue with the prosecution for failing to take the accused person’s clothes and the knife found at the scene for examination to determine whether they were linked to the crime.