The court has termed the reports made to the police by Jowie Irungu and Jacquie Maribe about the gunshot incident as false.
Justice Grace Nzioka in her judgement on Friday said Irungu had recorded a statement at Lang'ata Police Station claiming that he had been shot on his way home in a robbery incident.
She said Maribe on September 28, 2018, wrote a statement in support of that report that the first accused person was shot by thugs while going home.
However, the following day, Maribe wrote yet another statement on the shooting incident and retracted what she had said in the statement on September 28.
"This time her statement and evidence is no, no, no, he wasn’t shot at the gate, it is an incident that took place in our house," Justice Nzioka said.
Justice Nzioka said a testimony by Brian Kasaine who happens to be the owner of the gun in question told the court that Irungu had gone to his house while he was asleep and asked him to rush to his house and secure the gun.
He said Irungu had blood all over his chest when he came to his house.
In his testimony, Kasaine said on rushing to Jowie's house he found blood on the floor.
"Who else speaks to these events? The house help; she says she heard noise and when she went to check, she found blood, she found a gun and her concern was to first of all to secure the child from that scene that she says she saw," Justice Nzioka said.
Justice Nzioka further said that the witness account by the caretaker at Royal Park estate where Irungu claimed he had been shot at the gate said there was no shooting incident as claimed.
The caretaker said any shooting incident at the estate gate would have been known.
Kasaine also noted that should the shooting have happened at the estate, it would have been posted on the Estate's WhatsApp group.
"What does that say? It is the finding of this court that the report made to the police by the first accused person, the statement by the second accused person on September 28 of September was false," Justice Nzioka said.
