It was joy for a couple that had been battling charges of murdering their son after they were freed due to insufficient evidence.
Simon Msee Nandi and his wife, Josephine, had been charged with killing Vincent Shikoli on July 2, 2014 at their home in Emukoyani village, Kakamega County.
In a judgment delivered on her behalf by Stephen Musyoka, Justice Ruth Sitati ruled that the prosecution had failed to link the two with the sudden death of their son.
Witnesses’ account were established to be malicious due to the land dispute existing among the accused and two prosecution witnesses who are relatives to the couple.
Martin Mboya, an uncle to the victim said that he found the accused beating their son using wooden sticks.
His wife Janipher Nderi testified that she heard the deceased asking for his share of sugar cane proceeds on the material day.
“You may kill me but I am asking for my rights,” Ms Nderi said she overheard the deceased tell parents.
The judge noted that the postmortem report indicated that the cause of death was closed head injury secondary to a fall.
Dixon Mchana, a pathologist said that the deceased had also a week-old scar on the back of the head.
Internally, there was a blood clot at the back of the brain along the covering which was evidence of pressure in the brain.
The deceased is said to have been an addict of alcoholism and on that day, he arrived home with blood stains on the left side of his t-shirt.
Justice Sitati said that the arrest of the accused was inhuman as they were arrested when they were preparing to bury their son.
Lawyer Charles Matete maintained that, injuries according to the pathologist, was as a result of a fall and there was no evidence of defense injuries.
“In this circumstance, I find and hold that the accused are not guilty of murder. They are accordingly acquitted. If there is no other reason for holding them in confinement they are set free,” read the judgement.
