High Court acquits boda boda rider of murder after six-year trial

High Court acquits boda boda rider of murder after six-year trial

Jackson Chege was found dead in his house in Maili Saba, Dandora, Nairobi, on September 24, 2020, with a post-mortem examination establishing that he died from multiple injuries caused by blunt force trauma.

The High Court in Nairobi has acquitted Peter Weru, alias Ngotho, of murder after finding that the prosecution failed to prove beyond a reasonable doubt that he killed fellow boda boda rider Jackson Mwai Chege.

Justice Kanyi Kimondo ordered Weru's immediate release unless otherwise lawfully held, bringing to an end a six-year trial that began with his arrest in September 2020.

Chege was found dead in his house in Maili Saba, Dandora, Nairobi, on September 24, 2020, with a post-mortem examination establishing that he died from multiple injuries caused by blunt force trauma.

While delivering his judgment yesterday, Justice Kimondo said the prosecution had failed to present sufficient evidence linking Weru to the fatal injuries.

In his judgment, Justice Kimondo said that although Weru and Chege had been involved in a physical altercation on September 20, 2020, medical evidence indicated that the fatal injuries were sustained much later, likely on September 23 or during the night that followed.

The judge highlighted significant gaps in the investigation, including the failure to produce bloodstained knives and clothing recovered during the inquiry as exhibits.

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Investigators also failed to obtain reference DNA samples from the deceased and his brother, while the circumstances surrounding an alleged violent altercation between the deceased and his brother on the eve of his death were not adequately investigated.

"I am dumbfounded by the considerable investigative gaps in this case," Justice Kimondo observed.

The court further found that allegations of subsequent assaults reported by family members had not been independently corroborated and that the prosecution had failed to establish malice aforethought, a key element required to prove murder under Section 203 of the Penal Code.

Weru, a father of three, maintained his innocence throughout the proceedings.

International Justice Mission (IJM) Kenya began supporting him in 2021 after learning of his case during prison visits.

The organisation provided legal representation, psychosocial support, economic empowerment assistance and case management support to Weru and his family.

"When we first met Peter in prison, he couldn't meet bail, and we faced a lot of challenges obtaining information from the investigation side. But our team remained dedicated; we cast doubt on the prosecution's case, and today justice has prevailed. Our client walks free, cleared of all murder charges," Janice Muchemi, the IJM lawyer who represented Weru, said after the ruling.

According to IJM, the acquittal marked a significant moment for Weru and his family, who endured years of uncertainty and separation during the trial.

"For Peter and his family, today's judgment is more than a court ruling. It is the restoration of hope after years of uncertainty, separation, and hardship. We celebrate this outcome with Peter and remain grateful for his resilience throughout the long wait for justice," Mary Okello, a Survivor Services staff member at IJM Kenya, said.

Weru's wife, Aisha, and their three children stood by him throughout the lengthy legal battle as he awaited the outcome of the case.

The organisation said it remained committed to working with government institutions and justice sector actors to strengthen justice systems, improve access to justice for vulnerable people and safeguard the rights of accused persons through fair and accountable legal processes.