An administration police officer from Koibatek Sub County who was facing a murder charge has been set free by a Kabarnet court for lack of evidence.
Joshua Toroitich appeared before Kabarnet High Court Judge Weldon Korir on Thursday charged with killing Edward Serem on 17th January 2013 at Seguton centre in Eldama Ravine constituency.
According to Toroitich, the deceased who was armed with a knife met him beside the roadside and wanted to take his firearm away by force.
The officer while giving an account of what transpired told the court that the deceased had attacked him for no apparent reason and even overpowered him.
It is in the process where the assailant tore his official uniform using the knife as Toroitich struggled to defend himself, occasioning him to use the firearm.
Another witness told the court how on that material day at around 3:00pm when they were waiting for voting materials of United Republican Party (URP) at Seguton Primary School Polling Station, saw some people running towards the nearest trading centre which was a short distance away.
“I heard a gunshot and rushed to the scene only to find the deceased in a trench beside the road lying dead in a pool of blood, besides an administration police officer,” one of the witnesses testified.
The court was further told that the AP officer after the melee, picked the knife and handed it to police, who had already arrived and collected the body.
Justice Korir while delivering the judgement stated that the prosecution failed to establish that in pulling the trigger the accused intended to kill or cause grievous harm to the deceased.
The judge found the charge of murder laid against the accused person unproven and his claim that he acted in self-defense plausible and he is therefore entitled to an acquittal.