Kimilili MP Didmus Barasa has been set free by a High Court in Bungoma County.

Barasa had been accused of allegedly shooting dead Brian Khaemba's aide on August 9, 2022.

Delivering her judgment on Thursday, Lady Justice Rose Ougo said the prosecution produced insufficient evidence.

In the case, Barasa had been accused of shooting Brian Olunga in the forehead killing him on the spot.

On the day of the alleged incident, Barasa was involved in an altercation with Khaemba, who was also vying for the Kimilili MP post under DAP-K.

The two had gone to the Chebukwabi polling station to witness the vote count.

Speaking on August 9, Bungoma head of DCI Joseph Ondoro said an altercation broke out between the two prompting Khaemba to leave and head to his car.

Khaemba's car was about to leave when the MP allegedly drew a gun shooting Olunga.

The victim was pronounced dead on arrival at Kimilili sub-county hospital.

An Autopsy conducted by Pathologist Dickson Muchana showed that the aide died from a pistol bullet which struck the right side of his head.

It also established that Olunga died of profuse bleeding when the bullet got stuck in his head.

The bullet was recovered. 

MP Barasa surrendered himself to the police on August 11, 2022. 

He was ordered to surrender his firearm. 

In its evidence, the DCI said ballistics showed that the firearm used in the shooting was registered under Barasa's name. 

"Ballistic experts based at the DCI National Forensic Laboratory linked Hon Barasa's firearm to the fatal shot that took away Olunga's life. This followed a report issued by the ballistic experts after the investigating team forwarded Hon Barasa’s Glock Pistol," DCI said on August 24.

"A cartridge and bullet fragments were taken to the ballistic lab for forensic analysis. The report noted that the recovered cartridge was fired by the Glock pistol issued to Hon Barasa."

In November, Kakamega High Court directed that the case be transferred to Bungoma High Court presiding judge.

The court said since the incident took place in Bungoma, it was only proper for the case to proceed there.