Former police officer Erick Musila was on Friday cleared in the murder of his ex-wife, musician Diana Chemutai Musila alias Chelele, for lack of sufficient evidence.
In the ruling, Naivasha High Court judge Richard Mwongo accused investigators of failing in their duty to thoroughly probe the case.
He said evidence presented in court did not prove beyond reasonable doubt that Mr Musila committed the offence.
“Whether the accused met the deceased on the fateful day remains unknown. Whether the man called Anthony Ngare was with the accused is also not known,” he added.
GLARING GAPS
Mr Mwongo further noted “glaring gaps” in the investigation and added that it was not the court’s duty to fill them.
He also noted inconsistencies in the accused’s alibi but said it was the prosecution’s duty to present the evidence.
The suspect was accused of killing Chelele on January 7, 2016 at Kapkwen in Bomet County.
The case was transferred to the High Court in Naivasha after a judge in Kericho cited crowd trouble.
Mr Musila sat pensively in the dock for the one hour the ruling took and only raised his head after the judgment.
Outside the court, Chelele’s sister Susan Chepkemoi wept uncontrollably.