•The magistrate ruled that the prosecution failed to prove beyond reasonable doubt, the two criminal charges against him.
•"I, therefore, acquit him all counts under section 210 of Criminal Procedure Code," magistrate Ochoi ruled.
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Nairobi businessman Chris Obure who was charged in 2020 with failing to secure a firearm that was used in the murder of Kelvin Omwenga, has been acquitted by court.
Milimani senior principal magistrate Bernard Ochoi on Tuesday also freed Obure in a charge of being in possession of a firearm without a licence on lack of evidence.
While acquitting him, the magistrate ruled that the prosecution failed to prove beyond reasonable doubt the two criminal charges against him.
However, Obure's personal assistant Robert Ouko was found with a case to answer in the charges.
The court said, the prosecution proved Ouko was at the crime scene at Senteu Plaza where the firearm in question was used to murder Kevin Omwenga on August 21, 2020.
The court however concurred with Obure's submissions that there was no consistency with the prosecution witnesses' testimony linking him to the offences.
Consequently, Obure had urged the court to acquit him.
In the ruling, the magistrate said after evaluating the evidence and facts in the case, he found that the prosecution has not established a prima facie case against the first accused person (Obure).
"I, therefore, acquit him all counts under section 210 of Criminal Procedure Code," magistrate Ochoi ruled.
"I also find that the prosecution had provided their case against the second accused person (Ouko) beyond a reasonable doubt. This court finds him to have a case to answer and accordingly places him on his defence. "
The court directed the case against Ouko be mentioned on November 22 to enable him inform the court on how he will tender his defence.
In the case, Obure had been accused on August 21, 2020 at Senteu Plaza being a licensed firearm holder, allowed his firearm to be used by Ouko to commit murder.
Ouko is charged with being in possession of firearm and ammunition, which was used to commit murder without a firearm certificate.
The offence is said to have been committed at Colana Suites, along Colana road in Kilimani, Nairobi.