• Court made ruling after two key witnesses failed to testify.
• Executive 'consulting with lawyer to sue for damages'.
Kisumu Trade executive Richard Ogendo has been acquitted of assault charges by a Kisumu court.
Ogendo had been charged with assault on Margaret Achieng Ouma who was the Planning chief officer, causing her bodily harm.
The incident allegedly happened last year on April 25 at the county government offices.
The prosecution had called three witnesses to testify.
On Thursday, resident magistrate Beryl Omollo acquitted Ogendo on grounds that the prosecution did not present a credible and watertight case.
Omollo said the two key witnesses were not brought forth to testify thereby occasioning glaring gaps in the case.
She stated that the prosecutions relied on a witness who did not independently witness the alleged assault but was a third party.
Speaking to the press after the ruling, the CEC welcomed the judgment but said he was consulting his lawyer to file for damages.
“I received various insults on social media concerning this matter and thank God the truth is out,” he said. He thanked those who stood by him during the trial.
Edited by R.Wamochie