Nyamira High Court Acquits Four in Murder of US Couple

The Nyamira High Court has acquitted four defendants of the murder of a US-based couple after finding the prosecution failed to prove their participation.

Justice Theresa Cherere ruled that although the prosecution established that Edward Morema Nyagechi, 62, and his wife Grace Mong’ina Morema, 58, were unlawfully killed with malice aforethought on the night of 20 and March 21, 2023 at their home in Egetugi Village, Sungututa Sub-location, Gesima Location, the evidence did not link any of the accused to the killings.

The accused – Ezekiel Mogeni Migiro, Peris Ondara, Dennis Ondara Clement and Peter Njoroge Kirika – had each faced two counts of murder and the trial presented 17 witnesses.

The prosecution, led by Senior Assistant Director of Public Prosecutions Mr Chirchir, relied on identification by househelp Sylvia Barongo Nyamai, alleged revenge motives, family disputes, telephone records, mobile-money transactions, CCTV footage, forensic analysis and DNA evidence from Government Analyst Henry Kiptoo Sang.

The judge found the identification of Migiro unreliable because the house-help’s sighting occurred in darkness, rain and during a power blackout, and rejected the alleged $2,000 (KSh259,000) theft motive.

The court held that the succession dispute involving Peris Ondara and her late husband Professor Zachary Mosoti did not establish her involvement, and that mobile-phone data for Clement could not prove his presence at the homestead; the firearm and ammunition recovered in his arrest were not connected to the murders.

For Kirika, the prosecution’s evidence of a KSh62,000 transfer to a telephone number registered in another person’s name did not demonstrate his control of the number or that he withdrew the cash at an ATM.

DNA analysis confirmed that blood stains on recovered items belonged to the deceased couple but did not link any of the accused to the crime.

Justice Cherere quoted the judgment, stating “The cumulative circumstantial evidence raised suspicion but did not form a complete chain pointing to the guilt of any accused person,” and concluded that common intention under section 21 of the Penal Code had not been established.

The four were acquitted on both murder counts and ordered released unless otherwise lawfully held.