A man who confessed to killing his cousin, on Friday, walked away scot-free thanks to a High Court ruling.
The man,¬†Martin Mwangi, had surrendered to the police and confessed to Nyeri¬†Chief Inspector Mwakisha that he strangled the cousin to death.
In her ruling,¬†Justice Teresiah Matheka stated that the man was not supposed to be arraigned in court at all since the prosecution did not have enough evidence linking him to the murder.
The judge further found out that the police officers who were handling the case bungled up the investigation.
‚ÄúBut Mr Mwakisha did not bring the confession to court, he failed to testify or provide his statement in regard to the case. This is a case where police make an arrest and bring to court saying let the court deal with it,‚ÄĚ ruled the judge.
All that was despite him confessing to the murder and furnishing the officers with the deceased’s mobile phone that he had in his possession.
Matheka further poked holes in the investigations showing that the officers did not bother to know who owned the phone given to them, when the deceased used it last and who owned the sim card that was found inside it.
A psychiatric evaluation of the deceased also showed that he was suffering from illusions and so he was¬†of unsound mind.
‚ÄúThe only evidence is that the accused provided the mobile phone and alleged it belonged to the deceased. Police never investigated if the deceased ever used it,‚ÄĚ continued the judge.
Mwangi reportedly murdered James Mwangi in August 2017 in Endarasha village, Nyeri, by strangling him with a belt.