What you need to know:
- The five were arrested following the death of six bouncers in Busia.
- Justice Kiarie said that the prosecution failed to prove beyond reasonable doubt that the five were responsible for the death of the victims since the funeral ceremony was attended by a large crowd.
The High Court in Busia has acquitted five people, who were charged with the murder of six bouncers in Masebula village, over lack of evidence.
The five, Ronald Oduor Aduol, Caroline Atieno, Boniface Aduol, Gilbert Odhiambo and Christine Apondi were set free after the prosecution failed to prove its case against the suspects.
Judge Kiarie Waweru said in his ruling that the prosecution failed to prove that the five had planned, orchestrated and executed the death of the bouncers on November 15, 2019.
The five were arrested following the death of six bouncers William Omondi, Elvis Odoyo, Richard Oduor, David Okeyo, Evans Onyango and Philip Kwach. The bounces were murdered in a mob attack at Masebula Primary School during a funeral event.
The bouncers had travelled to Masebula village from Nyando constituency in Kisumu County to provide security at a funeral of a local businessman, Johannes Okoth Aduol. One of the suspects, Caroline Atieno was the late Okoth’s first wife.
The body of Okoth was discovered with gunshot wounds at Ligingo, on the border of Busia and Siaya counties hours after he went missing under unclear circumstances.
Delivering his ruling Wednesday, Justice Kiarie said that the prosecution failed to prove beyond reasonable doubt that the five were responsible for the death of the six bouncers since the funeral ceremony was attended by a large crowd.
“The scene of the gruesome killing of the six people who are the subject of this case was at the football pitch of Masebula Primary School. We gather from the evidence there was a mammoth crowd of mourners. Witnesses testified that the football field was full to the brim,”
“This therefore means that the prosecution has failed to establish a prima facie case against anyone of the accused. I accordingly acquit each of them of the offence of murder under section 306 (1) of the Criminal Procedure Code,” read part of the judgment.
The judge further said that one of the prosecutors had informed the court that the victims were killed by a group of close to forty people.