Court of Appeal Overturns Murder Conviction of Garissa Miner Due to Insufficient Evidence

In a significant ruling on Friday, the Court of Appeal in Nairobi overturned the murder conviction of Daniel Mwangi Chege, a machine operator previously sentenced to death by the High Court in Garissa for the alleged murder of his colleague, Lawrence Oluoch Ogoro. The appellate court's decision, delivered by Justices Patrick Kiage, Jamila Mohammed, and George Odunga, cited a lack of sufficient and conclusive evidence to uphold the conviction.

The case stems from an incident in August 2014 at a gypsum mining site in Garissa County, where Chege, Ogoro, and another worker named Mwenda were employed as machine operators at Bora Mineral Products, a company owned by Festus Mulwa Mutungi. The events leading to Ogoro's death began with the reported theft of 400 liters of diesel from the mining site. Ogoro and Mwenda were tasked with investigating the missing fuel. However, Ogoro disappeared after reportedly leaving with Chege to collect an excavator.

Days after Ogoro's disappearance, authorities discovered tattered clothes, human remains, and personal documents belonging to Ogoro scattered near the mining site. Police and health officials confirmed the remains were human, but the cause of death could not be determined. Some witnesses suggested that Ogoro might have been attacked by wild animals, which are common in the area.

The High Court in Garissa had convicted Chege based on circumstantial evidence, primarily the fact that he was the last person seen with Ogoro. The court also noted the presence of excavator marks and disturbed soil at the scene, which it linked to Chege. This led to his conviction and a death sentence.

However, the Court of Appeal found significant flaws in the prosecution's case. The three-judge bench ruled that the evidence presented did not conclusively point to Chege's guilt. The judges highlighted several gaps in the prosecution's case, including uncorroborated witness accounts and the failure to establish a definitive cause of death. They also pointed to inconsistencies in the statements provided by Mwenda, the third worker, who was last seen with both Chege and Ogoro. Mwenda himself later disappeared, further complicating the case.

The appellate judges emphasized that the prosecution's case was speculative and failed to rule out alternative explanations for Ogoro's death, such as the possibility of an animal attack. The judges concluded that the evidence was insufficient to prove Chege's guilt beyond a reasonable doubt, a cornerstone of criminal law.

In their ruling, the Court of Appeal quashed both Chege's conviction and the death sentence imposed by the High Court. The judges ordered his immediate release, provided he is not lawfully held for any other reason.

This decision underscores the judiciary's commitment to ensuring that convictions are based on solid evidence, highlighting the importance of meeting the burden of proof in criminal cases. For Chege, the ruling marks the end of a decade-long legal battle and a return to freedom after years of incarceration.