Dutch national, two Kenyans acquitted of murder in Malindi


Emericus Hendricus Van Werf
FILE PHOTO | Emericus Hendricus Van Werf

A Dutch national and two Kenyans have been acquitted of murder after a Malindi court found there was no evidence linking them to the brutal killing of a Kenyan woman married to a German years ago.

Emericus Hendricus Van Werf, his wife Vera Juliet Anyango who claimed to be proprietors of Sailfish Club and Said Abdalla Kadenge their manager were charged with the murder of Lilian Mwikali Andree on November 14, 2012.

She had reportedly tried to get back the property that she said belonged to her husband.

Mwikali’s body was found stuffed in a septic tank at the Sailfish club. Her hands were tied with bed sheets while the head was wrapped in a polythene bag.

On Thursday, Justice Weldon Korir said the prosecution failed to prove that indeed the three accused person murdered Mwikali as they based their case on circumstantial evidence.

“It is indeed sad that Lillian lost her life in such a gruesome manner. However from the evidence availed by the prosecution the killers are not in this court. The case against the three accused stands unproved they are thus acquitted of the charge facing them,’’ he ruled.

The judge said apart from establishing the existence of a land dispute the prosecution failed to show that any of the accused had the intention to kill the deceased.

He added that in any case the killing of the deceased could not have resolved the land dispute.

Korir said in order to obtain a conviction in a case of murder the prosecution must establish malice as defined in section 206 of the Penal Code.

The judge also said that the prosecution’s case had missing links from the night of murder as the night watchman on duty Alex Mzungu was never arrested despite him being a key suspect in the case.

“Be that as it may the evidence adduced clearly pointed at the Alex Mzungu as a man of interest. Some of the items stolen from the hotel on the night of November 11, 2012 were traced to his house hence Alex Mzungu became a key suspect at worst and a key witness at best. Over six years later he is yet to be arrested, that is if the police are indeed looking for him,’’ he said.

He also said considering that no eye witness was called, the prosecution’s case was anchored on circumstantial evidence.

After the ruling, Hendricus told journalists that the past six years have been tough on him.

“I came to Kenya with Ksh.800 million to invest , however today I have nothing all the money and property was stolen,’’ he said.

He maintained that he is indeed the genuine owner of Sail fishing club and indicated that he would still fight to get back his property .

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