How did the State, with all its resources, and the Office of the Director of Public Prosecutions (ODPP) lose a high-profile murder case involving four suspects accused of brutally killing a Kenyan-American couple at their home in Gesima, Nyamira County?
That is the question relatives of the slain couple and other Kenyans are asking after the High Court in Nyamira acquitted all four accused persons.
On Thursday, the court held that the prosecution had failed to adduce sufficient evidence linking the four to the killings of Edward Morema Nyagechi (62) and his wife, Grace Mong'ina Morema (60), who were naturalised American citizens.
The two were killed in March 2023 while visiting Kenya from Minneapolis, Minnesota, where they lived. Their bodies were found on March 21, 2023, at their heavily fortified home in Nyamakoroto. The killings were described as cult-like.
Neighbours made the discovery after breaking into the house when the couple failed to appear in public for their usual morning routine. The deaths sent shockwaves through the community and triggered investigations that led to the arrest and prosecution of four suspects: Ezekiel Mogeni Migiro, Peris Ondara, Dennis Ondara Clement and Peter Njoroge Kirika.
Peris Ondara, Peter Ondara and Peter Njoroge at Nyamira High Court. They had been accused of killing Edward Morema, 62, and his wife Grace Mong’ina, 58, between 20 and 21, March 2023 at Egetugi village in Masaba North Sub-County, Nyamira.
Photo credit: Ruth Mbula | Nation Media Group
In her judgment, Justice Thripsisa Cherere Wamae found the four not guilty of two counts of murder, contrary to Section 203 as read with Section 204 of the Penal Code.
In Count One, the prosecution alleged that on the night of March 20 and 21, 2023, at Egetugi Village, Gesima Location, Masaba North Sub-County, within Nyamira County, the accused jointly murdered Mr Morema. In Count Two, they were jointly charged with murdering Mrs Morema at the same place and during the same period.
The prosecution's case was that the couple died in a planned attack in which the four accused took part, albeit in different roles. It called 17 witnesses.
The first accused was linked to an alleged revenge motive arising from an earlier criminal case. The second was linked to alleged family and succession disputes. The third was linked to telephone-location evidence said to place a particular mobile phone at the crime scene. The fourth was linked to a telephone line used to receive money transferred from the couple's mobile-money accounts, and to a cash withdrawal captured by bank CCTV footage.
The prosecution relied on these circumstances cumulatively and invoked common intention under Section 21 of the Penal Code. It also relied on identification evidence, alleged motive, telephone records, CCTV footage, forensic evidence, the circumstances surrounding the deaths and conduct attributed to the accused.
Late US-based businessman Edward Morema Nyagechi, 62, and his wife Grace Mong’ina Morema, 58, were discovered murdered at their house in Nyamira.
Photo credit: Family Album
Justice Cherere said the prosecution had proved that the couple were unlawfully killed with malice aforethought, but had failed to prove that any of the four accused took part in the killings.
She reiterated that the burden of proof in criminal proceedings rests solely with the prosecution and never shifts to the accused, who is presumed innocent.
"Proof beyond reasonable doubt need not attain certainty but must carry a high degree of probability. It does not mean proof beyond the shadow of a doubt, but the evidence must be sufficiently strong to leave no reasonable doubt as to guilt," she said.
She found that the identification evidence against the first accused was unreliable. The evidence of family disputes and alleged threats did not implicate the second accused. The telephone records and the recovered firearm did not connect the third accused to the murders. The handset transactions, money transfers and ATM footage did not reliably identify the fourth accused as a participant.
The prosecution also failed to establish common intention under Section 21 of the Penal Code. The cumulative circumstantial evidence raised suspicion, the judge said, but did not form a complete chain pointing to the guilt of any of the accused.
She emphasised that the court is bound by the evidence presented and the law, and cannot substitute suspicion or the gravity of the offence for proof beyond reasonable doubt.
Justice Tripsisa Cherere.
Photo credit: File | Nation Media Group
Justice Cherere said she made the decision with a heavy heart, as the murders were heinous acts that brought immense pain and loss to the family and the wider community. The couple's lives were cruelly cut short, and the circumstances of their deaths remain deeply disturbing.
She also remarked that acts of violence that once shocked the collective conscience of society were increasingly becoming a recurring feature of everyday life. The sanctity of human life, a value cherished by every civilised society, appeared to be under constant assault, she said, and behind every act of violence lies a trail of pain, grief and shattered lives.
"Their lives were brutally and tragically cut short, leaving their family, friends and the wider community grappling with a profound sense of loss. No court can fully heal the wounds occasioned by such a tragedy, nor can any judgment restore the lives that were lost," she said.
"It is sincerely hoped that the true perpetrators of these murders will one day be identified and brought to justice, and that the families of the deceased may eventually find some measure of closure," she added.
Family to push for appeal
The family, through its lawyer Wilkins Ochoki, expressed extreme disappointment with the decision and said it would liaise with the ODPP to ensure an appeal is filed.
"The murder was very foul, and clearly the prosecution established a motive. The family is surprised by the decision to acquit the accused," Mr Ochoki said.
