- Justice Jessie Lessit laid the blame for his acquittal squarely on the state for doing shoddy investigations into the case.
- “The only conclusion the court is entitled to make is that the investigations were not thorough at the least, or manipulated at the worst,” she ruled.
Image: ANNETTE WAMBULWA
Suspected serial killer Phillip Onyancha was on Thursday set free in a murder case by a Nairobi court.
However, Onyancha who was thrown into limelight in 2010 on suspicion of being a serial killer, is not off the hook yet as he has two more pending murder cases.
Justice Jessie Lessit laid the blame for his acquittal squarely on the state for doing shoddy investigations into the case.
“The only conclusion the court is entitled to make is that the investigations were not thorough at the least, or manipulated at the worst,” she ruled.
In the case, Onyancha denied killing Jacqueline Chepngetich Misoi on May 30, 2008, at Mount Kenya building along Kombo Munyiri road in Nairobi.
Justice Lessit ruled that the prosecution did not prove beyond reasonable doubt that Onyancha killed Jacqueline.
The judge said she was convinced that the deceased may have been murdered but there is no evidence that points to Onyancha as the author of her death.
The court noted that even though the pathologist could not confirm whether she committed suicide or was killed, the judge said it was strange that she tied a knot tightly at the back of her neck and still managed to hang herself.
“The knot was so tight it gave the pathologist trouble removing it. How could the deceased manage to tie the knot at the back of the neck to hang herself?” Lessit said.
The court faulted police for not conducting thorough investigations on the suicide note allegedly left by the deceased.
“Whichever the case may be, the police denied document examiner an opportunity to carry out a holistic, inclusive, evocative and critical scrutiny of all relevant documentations to enable a more complete and gratifying result,” Lessit said.
She noted so many gaps in the case that relate to investigations.
“All these are disheartening omissions, one being failure to investigate a stain on the deceased door captured by the crime scene investigator. Why would the police not follow this line of investigation?" the judge posed.
She noted that if it was found to be the blood from the deceased, due to its location, the obvious conclusion would be that it was a third party who stained the door after causing injury to the deceased from which she bled.
Justice Lessit said that would have been the key to ascertain whether the deceased committed suicide or not. She also found that Onyancha's alibi was credible.
The prosecution called 14 witnesses in a bid to convict Onyancha for the murder.
Interestingly, on July 22, 2019, Justice Lessit struck out Onyancha’s famous confession on grounds that police did not follow the law when they were recording his confession and infringed on his bill of rights.
The judge said by handcuffing the accused when taking the confession statement, they violated the law, adding that handcuffing him was a reminder that he was not free.
In his defense, Onyancha denied killing the deceased telling the court that he did not know Jacquline or her family.
He also told the court that he has never been insane and the judge agreed with him, ruling that there is no evidence that he was insane whether at the time of arrest or during commencement of the trial.
The three doctors who examined him had told the court that they found him to have a narcissistic mental disorder whose characteristics they described as having an exaggerated sense of self-importance.
They also said he had exaggerations of pre-occupations with fantasies of unlimited success, power and brilliance and believed he was a unique person, adding that persons with that disorder were very intelligent.
Jacqueline’s alleged boyfriend also gave a testimony to the court on behalf of the defense.
He told the court that he did not know who killed the deceased and that the last time he saw her was on May 29, a day before she was killed.
Justice Lessit also thanked lawyer Mary Chepseba who agreed to represent Onyancha after other lawyers refused to take his case.
"It took several weeks to get counsel to represent him, many turned down the request including in open court in the presence of the accused, however Chepseba did not disappoint she represented him with vigour throughout the trial," the judge said.
She added, "The lesson that we learn from this is every human being's right is guaranteed in the Constitution, however they maybe or whatever is believed they have done," she said.
Justice Lessit in conclusion said vengeance belonged to God and he was the ultimate judge.
"All the courts do is give verdicts, judgment belongs to God. He is the true judge, he acquits, he convicts, he gives appropriate vengeance to this victimised and most importantly he decides the fitting punishment in each case and does not need the court to do so," she said.
-Edited by SKanyara