A Nairobi court has terminated a case against a high school teacher who was held but later released over the illness of the late Machakos Senator Boniface Kabaka due to lack of evidence.
The court on Thursday terminated a miscellaneous application against Esther Muli.
This was after the DPP made an application to withdraw the case against Muli citing that the evidence produced did not place her at the scene.
The prosecution said a report from the forensic and government chemist indicates that the investigating officer did not find evidence to charge the suspect.
"The investigating officer does not want the suspect to be held further. We pray to withdraw the miscellaneous application before this court", the prosecution said.
While discharging Muli, Senior Resident Magistrate David Ndungi said that he had considered the application by the DPP to discharge the suspect.
"The evidence does not place her at the scene of committing the crime," he said.
He noted that the DPP has a right to terminate the case and open an inquest in the case.
"The application is marked as terminated and I have discharged the suspect," Ndungi ruled.