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Dutch national, two Kenyans acquitted of murder charges by Malindi court

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A Dutch national and two Kenyans have been acquitted of murder by a Malindi court after the prosecution failed to link them to the brutal killing of a Kenyan married to a German national six years ago.

Emericus Hendricus Van Werf, his wife Vera Juliet Anyango and Said Abdalla Kadenge were charged with the murder of Lilian Mwikali Andree on November 14 2012.

The couple claimed to be proprietors of Sailfish Club (big game fishing Club hotel in Malindi while Said Kadenge was their manager.

The deceased had come to seek justice to get back the property that reportedly belonged to her husband.

Mwikali’s body was found stuffed in a septic tank at the Sailfish club.

Her hands were tied with bed sheets and sisal head while the head was put inside a polythene bag.

Delivering the judgment at the Malindi high court, Justice Weldon Korir said the prosecution failed to prove that indeed the three accused person murdered Mwikali as they based their case on circumstantial evidence.

“It is indeed sad that Lillian lost her life in such a gruesome manner. However from the evidence availed by the prosecution the killers are not in this court. The case against the three accused stands unproved they are thus acquitted of the charge facing them,’’ ordered justice Korir.

The judge said apart from establishing the existence of a land dispute the prosecution failed to show that any of the accused had the intention to kill the deceased as a result of the dispute.

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Korir said in order to obtain a conviction in a case of murder the prosecution must establish malice afterthought as defined in section 206 of the penal code.

The judge also said in his judgment that the prosecution’s case had missing links from the night of the murder as the night watchman on duty on November 11, 2012, Alex Mzungu the last day Mwikali was seen alive was never arrested despite him being a key suspect in the case.

“Be that as it may the evidence adduced clearly pointed at the Alex Mzungu as a man of interest. Some of the items stolen from the hotel on the night of November 11, 2012, were traced to his house hence Alex Muzungu became a key suspect at worst and a key witness at best. Over six years later he is yet to be arrested, that is if the police are indeed looking for him,’’ he said.

He also said considering that no eyewitness was called, the prosecution’s case was anchored on circumstantial evidence.

Immediately after the ruling was done the excited accused persons smiled and walked freely outside the courtroom.

Hendricus told journalists that the six years have been tough for him as he lost millions in fighting for justice and now was left penniless.

“I came to Kenya with Sh 800 million to invest, however today I have nothing all the money and property were stolen,’’ he said.

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