A postmortem report on the wife of a lecturer at Strathmore University arrested after allegedly battering his wife to death has tilted the initial murder case.

It states that there was “no physical injury on the body of the deceased” and may now remove the element of criminal liability, a trial court heard.

The court, at the same time, would not be persuaded to order that the don continues to be held in police custody pending a second autopsy and has since released him on a personal bond of Ksh100,000 and ordered him to report to homicide investigators who may now have to charge the suspect with manslaughter or start an inquest.

He had earlier been detained for 10 days for investigations to be completed.

The prosecution was digging in for Ogolla’s further detention in light of two key witnesses who it said may implicate the suspect and prove that he had a hand in his wife’s death.

State counsel Catherine Mwaniki said there is a second autopsy and the deceased’s family need to be satisfied that investigations were thorough.

She said investigators are recording further statements from the two witnesses following issues that arose in the course of the second postmortem and interrogation of the suspect.

Spousal responsibility

Mwaniki said the deceased had issues with her husband prior to giving birth and had called several people including her mother and that “the accused conduct may have been intentional  having left her lying on the floor only to call a maid later to ask if she was still lying there.”

The court was told that Ogolla’s wife had not died by the time she was taken to hospital but had only collapsed thereby casting aspersions on his “spousal responsibility.”

Postmortem  report

Police suspect that Dr Ogolla beat Margaret Gobi Mwachongo on the evening of December 31, 2017 at their Lavington home, leading to her death.

Nairobi County Police Commander Japheth Koome said the couple had a disagreement before they engaged in a physical fight which resulted in the woman sustaining injuries.

The prosecutor said there are several undercut revelations that have since been unearthed after to the second autopsy which was more extensive.

However justice Luka Kimaru released the suspect and ordered that he may not be detained by the police any longer.

He said he had based his ruling on the first postmortem report.

Fateful evening

The couple has a seven-weeks-old baby and the wife was still recovering from a caesarian operation, which was the only visible scar on her body according to the postmortem report filed by government pathologist Johanssen Oduol.

Dr Ogolla has been serving as the Academic Director of MBA programmes, Director of the Institute of Strategy and Competitiveness and senior lecturer of Strategy and Decision Making at the Strathmore Business School.

He is also a part-time professor at various universities and colleges in and outside Kenya and works as a consultant on strategy formulation, strategy execution and change management.

The late Gobi was taken to hospital unconscious on that fateful evening but succumbed to injuries, Mwaniki said.