The search for justice in the murder of a three-year-old boy in Bahati, Nakuru County hit a dead end after gaps in prosecution evidence failed to link the prime suspect to the bizarre murder.
Despite the suspect having allegedly earlier confessed to the crime, Nakuru High Court Judge Hedwig Ong’udi acquitted Meshack Nyansiekera Ombati of the charge of the murder of his son, Givan Ongeri Nyamwaka. The court ruled that the prosecution had failed to prove their case to required standards.
The murder occurred on the evening of February 4, 2022 at Ndege Ndimu area of Bahati Sub County in Nakuru. At the time, the suspect presented himself at Githioro Police Station and confessed to killing his son. The murder weapon was identified alongside the testimony of 12 prosecution witnesses, but the prosecution could not prove its case in order to secure a conviction.
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The court pointed out numerous gaps in the prosecution evidence, which cast doubt on the charges that led to the court’s decision to acquit the suspect.
“After weighing all the evidence and the several gaps pointed out, I do find that the prosecution failed to prove its case against the accused beyond reasonable doubt, as is the requirement in criminal cases,” ruled Justice Ong’udi.
A theory presented by the prosecution indicates that Mr Ombati arrived at his sister-in-law’s home at around 7pm to visit his son, who had been left there by his mother.
The man was carrying a box, which had a loaf of bread and a panga. He did not greet anyone apart from the son whom he gave the bread.
Later, he demanded to leave with the boy but the boy’s aunt refused.
The prosecution said that it was at this point that Mr Ombati unleashed a panga from the box and threatened to kill the aunt as he left with the child.
The aunt allegedly started screaming, before Mr Ombati slashed the boy’s neck and hand, then fled. He later surrendered himself to the police.
From the box, they claimed to have recovered a note which had a list of people he allegedly intended to kill.
The following day, children who were playing outside discovered a blood stained panga, which was suspected to be the murder weapon.
The panga and the stains on the boy’s clothes were taken to the Government Chemist for analysis. The samples matched with the suspect's DNA.
In his defence, however, Mr Ombati told the court that he went to his sister-in-law to check on his son. He said that he and his wife had agreed to let the child stay at her sister’s house, after the mother got a job in Nairobi.
Mr Ombati explained that when he arrived, he found the sister in-law angry and demanding that he refunds Sh700 that she had spent on the child’s medication. He said he placed on the table.
Mr Ombati said that when he asked her whether she had taken his son to school, the sister-in-law started screaming saying that he wanted to steal the child.
He further told the court that he saw people coming and decided to flee the home. According to Mr Ombati, he escaped through the fence and went to report the matter at the nearest police station.
"It is while at the station that my sister-in-law’s husband came to report the death of the minor, leading to my detention by the police," he said.
Justice Ong’udi criticised the prosecution's evidence as insufficient to prove the case. A key gap was the failure of the witness, who claimed to have seen the accused kill the boy, to confirm whether there was enough light for him to see.
According to the court, the witness, who was also a minor, was not clear on how the events happened as he kept contradicting himself.
Secondly, according to the judge, the prosecution failed to present the aunt before court to testify against Mr Ombati. The murder weapon, which was presented as exhibit in court, was also never identified by the witness.
The OB capturing the incident was also never produced in court to confirm the exact case that was reported by the accused person.
“The omissions by the prosecution are very serious and cannot be taken as simple ones. The evidence left out by the said omissions would have corroborated PW3’s unstable evidence to make a strong case for the prosecution,” stated Justice Ong’udi.
While acquitting him, the judge noted that Mr Ombati will have to benefit from the doubts created in the circumstances.
