Justice Jairus Ngaah ruled that the prosecution failed to link the accused persons to the incident and that evidence presented before court failed to reach the required threshold.
“In the ultimate, the prosecution case failed, not necessarily because some of the accused persons may be innocent, but because the investigations were poorly conducted and therefore it is not possible for this court to pick the perpetrators of this heinous crime,” ruled Justice Ngaah.
“…I come to the conclusion that the prosecution has failed to prove its case against the accused beyond reasonable doubt. Accordingly the accused are acquitted of both counts of murder.”
The accused students had been charged with the murder of killing Kennedy Karogo and Joseph Mwangi on October 17, 2010 in a dormitory that housed 180 Form One students.