Why Kimilili MP Didmus Barasa was acquitted of murder

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Kimilili MP. Didmus Barasa // PHOTO: Source

In Summary:

  • Court Proceedings
  • VIDEO

Kimilili MP Hon. Didmus Barasa was today 20th July 2023 acquitted of murder charges at Bungoma law Court. The legislator had been accused of shooting dead Mr. Brian Oginga Olunga an aide to Advocate Bryan Khaemba during the Aug 2022 elections at Chebukwabi Primary School.

In her ruling to an application by the accused as to whether he had a case to answer and therefore establish grounds onto which the case was founded, judge Edwina Ougo said:

  • 21 witnesses testified
  • Chebukwabi Primary School was one of the polling stations in Aug 2022 elections
  • On 9th Aug the accused (Didmus) visited the polling station and as they were exiting the deceased told Barasa’s driver not to drive away but the driver declined.
  • Some witnesses heard two gunshots while others one

Watch Court proceedings here:

  • Two officers manning the polling station indicated that while inside a polling room they heard more than one shot
  • From the bullet that was recovered from Brian’s head, Didmus Barasa’s gun was found not to have been the one that killed the deceased
  • Bullet fragments and samples picked from Didmus’ gun were found not to be similar.
  • The expert report further indicated that the person who shot Bryan was at least 5meters to his left as opposed to testimonies by witnesses who all indicated that Didmus was on the right.
  • There was no direct evidence that the accused was seen shooting the deceased
  • The prosecution submitted that the Court places the accused person on his defense but having gone through the evidence the court said the premafacie was not established and therefore accused has no case to answer.

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