The Director of Public Prosecutions yesterday sought to withdraw the case against Solomon Mutava Wambua in the murder of late Fr Michael Maingi Kyengo in 2019.
Prosecutor Leah Mati told High Court Judge Lucy Njuguna in Embu that they intended to enter a nolle prosequi on the charges against Wambua who is the third accused in the case.
"We intend to use Wambua as a State witness against the second accused Kavivya Mwangangi," Mati told the court.
Kavivya Mwangangi is accused of aiding in transporting the body and helping the first accused bury it in a shallow grave at Makima in Mbeere, Embu County.
Wambua had been accused of driving the first accused Michael Muthini Mutunga (now serving a 30-year jail term) to Malindi using the priest's car that was later intercepted by police before the three were arrested.
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Muthini Mutunga was sentenced to serve 30 years in jail after admitting that he killed the priest allegedly over a homosexual relationship that went awry.
Ms Mati told the court that the prosecution had aligned five witnesses to testify in the murder case.
