PS Julius Korir who was charged with assaulting his pregnant wife for serving him Githeri and Sukuma Wiki has been set free.
Korir was charged with assaulting his wife Everline Koech in 2020 and causing her actual bodily harm.
However, the magistrate Dolphin Alego says the prosecution did not prove their case sufficiently.
“this court finds that prosecution has not proved their case as to the threshold and this court finds that accused herein be discharged under Section 215 of the CPC unless otherwise held in law,” the court ruled.
The court declined to admit the evidence of the doctor who treated the wife saying she was a medic and should not have been the one taking pictures of the injuries.
The doctor was brought in as a witness after recording the injuries when the wife went for treatment but the court has dismissed that evidence.
The court has also dismissed the CCTV footage showing Korir beating his wife saying it’s not clear who is the assailant.
“The CCTV were taken for forensic analysis .The same were not very clear who the assailant was,” she ruled.
According to the evidence by Koech, Korir was her former husband and that on the fateful day she had just come from work and was holding their young child when accused walked into the house and demanded for food .
He was given githeri and Sukuma wiki which she avers that she mentioned to the accused that this was what was available in the house.
That it was then that hell broke loose and that accused held her and started beating her up using a rungu.
She told court that the accused continued hitting her on her back .and that the children were hiding in the playroom.
She testified that the screams were loud and that he left the food in the kitchen, he was hitting her and grabbing her dera saying ‘twende, kitu tu unaelewa ni kiboko.’
She testified that there was blood on the floor and that she had injuries all over her body, he left her and told her to go report as usual.
She later drove herself to Nairobi Hospital where she got medical attention and later went to Hardy Police Station to report.
