Joyce Akinyi, the businesswoman, who battled a property dispute with deported Nigerian Tony Chinedu and whose steamy love affair with Budalangi Mp Raphael Wanjala left tongues wagging, has been acquitted in a case of causing grievous harm.
Akinyi walked to freedom after a magistrate quashed the case on grounds that the prosecution had raised more doubt than giving answers to” warrant her conviction.”
She had been charged with causing grievous harm to Schola Imbiti Namunyu, a former business associate, after a fight near the Supreme Court in 2014.
Akinyi may have been imprisoned for life if she could have been convicted.
She was represented by veteran criminal lawyer, John Ogada, whose submissions the trial court largely upheld.
Her case, according to magistrate Hellen Onkwani of the Milimani Law Courts, had been weakened by the fact that a doctor who treated Imbiti never testified.
Further, a medical report supposedly prepared by the doctor was presented in court by an investigating officer “who is not a qualified medical practitioner.”
“The court, therefore, has doubt as to the medical report classifying the injury as that of grevious harm…the I.O’s production of the report invalidated it,” Onkwani ruled.
The magistrate further said that “the prosecution evidence on record is not watertight to warrant a conviction.”
She explained that it is the duty of the prosecution to prove a case beyond reasobale doubt.
“The prosecution errred in proving this case,” the magistrate scoffed.
She said an investigating officer is not a medical expert and would not produce a medical report.
The magistrate also said the evidence of some witnnesses were inconclusive in that Imbiti was either hit on the head with a shoe and secondly injured on the finger and had a fracture on the bone caused by a blunt object…
There was also inconclsuive talk of threatening messages sent to Akinyis phone and a love rivalry provoked by the former husband, the trial court heard.
Ogada while representing Akinyi had submitted that the case was that of a possible love-triangle between the complainant, the accused and the ex-husband and was thus being used to fix her out of jealousy.