Kimilili MP Barasa freed after ten-month murder trial

The late Brian Olunga, who was allegedly shot and killed by Kimilili MP Didmus Barasa on August 9, 2023. [File, Standard]

"I headed towards my car but Barasa followed me in the company of four men and ordered them not to allow me to leave. My driver defied Barasa's order and ignited the vehicle which prompted Barasa to shoot Olunga who succumbed to injuries on the way to the hospital," Khaemba said.

The prosecution also presented a pathologist who said the bullet which killed the 21-year-old man crushed his skull, ending up stuck in his brain.

A report by Dr Dickson Muchana went unchallenged, confirming the killer bullet which was removed at Bright Mortuary in Kimilili, dealt the fatal blow to the man who was hoping to join university.

"The victim (Brian Olunga) died after profuse bleeding after the bullet hit his right side of the head and stuck in the brain," reads the report.

Typed proceedings

After the acquittal, the prosecution quickly applied for typed proceedings of the Thursday afternoon judgment saying they would likely appeal against the verdict.

The acquittal becomes Barasa's second victory in Bungoma courts in a span of less than a year. The first one was when his election victory was upheld in late November last year.

Then his political nemesis Khaemba had petitioned the court to overturn his August 9, 2022 victory as MP-elect for Kimilili over alleged irregularities.

Justice Mary Kasango then observed that Khaemba, who premised his petition on alleged violence witnessed during the poll (which even turned fatal), failed to substantiate how it actually affected the voting and election outcome.

She went ahead to slap Khaemba with a Sh 2.7 million fine for the defective petition.

Barasa who vied on the UDA ticket recaptured his seat after garnering 26,861 votes against DAP-K candidate Khaemba's 9,497.

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