According to Senior Principal Magistrate at the Milimani Law Courts Bernard Ochoi, the prosecution failed to provide incriminating evidence against the suspect.
"After evaluating the evidence and facts in this case, l find that the prosecution has not established a prima facie case against the first accused person. I, therefore, acquit him all counts under section 210 of Criminal Procedure Code (CPC)," Magistrate Ochoi ruled.
"On August 21, 2020, being a licensed firearm holder (first accused) allowed your ammunition, otherwise unlawfully permitted another person (second accused) to take possession or use of that ammunition to advance the cause of murder," he added
In the ruling, the suspect's bodyguard was however linked to the gruesome murder of the businessman.
"Without reasonable excuse, you (second suspect) were in possession of a firearm which raised reasonable presumption, that the said firearm which was used to commit the offense of Murder without a firearm certificate," read the court documents in parts.
He acquired the firearm of the first accused and allegedly shot dead Omwenga at his apartment at night before his lifeless body was rushed to the hospital.
Omwenga was murdered inside his apartment by unknown men who were captured by the building's CCTV. In the footage that circulated online, the men appear to enter and leave Omwenga's house several times.
Also from the footage, one of them is seen hiding a firearm inside his clothes in the elevator.
Appearing before the court in late October 2022, one of the witnesses told the court that the victim was lured into his room before he was shot.
The witness added that the suspect came out of the room shouting and alleging that the businessman had shot himself.
According to the autopsy conducted by the government pathologist, the bullet to his left chest area tore through the heart, and the left lung collapsed.
