• One of the accused retracted a confession, saying he was beaten into making it.
•The judge ruled that taken cumulatively, the prosecution case did not and cannot sustain a conviction.
A family wailed on Monday outside the High Court in Kisii after three people linked to the death of their relative were acquitted.
Fredrick Nyambati, James Mogita and Edwin Nyabaro were freed after the prosecution failed to prove that they killed Pastor Esther Oyugi.
Justice David Majanja ruled the prosecution lacked evidence.
Oyugi from Bokeire village, Bonchari constituency in Kisii, was abducted on March 11, last year. The body of the 60-year-old pastor was discovered at Awendo sugarcane plantation a month later.
Justice Manjaja said taken cumulatively, the prosecution case did not and cannot sustain a conviction.
“I, therefore, find that the prosecution has not proved that the accused murdered the deceased. The accused are discharged from these proceedings unless otherwise lawfully held."
The judge said Nyabaro, through lawyer Sonye Ondari, retracted his confession and told the court he was beaten into making the confession.
He told the court that he confessed after he was promised money and that his family would be taken care of.
The accused produced occurrence book records showing he was escorted to hospital from Gensonso police station on March 27, last year, where he had been booked.
A treatment notice showed that he was treated for multiple open head wounds and hysteria.
“It remains the duty of the prosecution that a statement made by an accused was made voluntarily. Where doubts are cast on the lawfulness or propriety of the methods used to obtain the confession, the prosecution is considered not to have discharged its burden,” Majanja said.
Another weak link in the value of the confession was the fact that it was made against his co-accused, the judge said.
Widower Joseph Oyugi and his in-laws (Bishop) Robert Nyamwange and sister Rose Kemunto said the pastor was denied justice.
“I expected that the suspects will be convicted for their sins but I am shocked they have been set free even after tangible evidence was adduced against them,” Joseph told the press as he wiped tears from his face.
Edited by R.Wamochie