The woman who prosecution accused of hurling a lit stove at her husband has now set free. Sarah Kituku has been in remand for the last five years but she can now breathe a sigh of relief.
She is walking in freedom as a result of the prosecution team failing to provide enough evidence. The prosecution accuses Sarah of masterminding her husband’s death. Mwanjala Mwasi succumbed after he sustained 82% burns.
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THE COURT DECISION.
According to the bench of Judges, the prosecution did fail to prove that she was behind the fire. High Court Judge Daniel Kimei stated the scarce evidence provided was insufficient to pinpoint Kituku. He also added that the prosecution was in doubt in regard to identify the accused as the culprit.
“Both the deceased and the accused sustained burns in the process of the squabble. Trite law states that if doubt is created in the prosecution case, the same ought to be resolved in favor of the accused,” said the Judge.
Court documents indicate Kituku visited her lover and later on a dispute ensued. Some evidence on October 31st,2015 Kituku visited Mwasi in Mlolongo, Machakos County where he was residing. It said Mwasi was accusing her of refusing to clean his clothes and a disagreement evolved between them. Long-lasting freedom is something inmates desire to have.
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Judge Kimei added that eyewitness accounts and the testimonial evidence in regards to the circumstances did not add up. He also said that the murder case against her has not been established hence she is set free. Sarah Kituku’s freedom is a blessing to her after she has spent 5 good years behind the bars.