How Didmus Barasa Got Away With Murder

Key Witness Contradictions and Flawed Ballistics Report Collapse Case

Kimilili MP Didmus Barasa walked free from a murder charge despite overwhelming public suspicion that he shot and killed Brian Olunga Odinga, an aide to his political rival Bryan Khaemba, in August 2022.

A seven-month trial collapsed after key witnesses gave contradictory testimonies and a government ballistics report failed to link Barasa’s firearm to the fatal shot—a stark reversal from initial police claims.

The Shooting

On August 9, 2022, tensions flared at Chebukwabi Primary School polling station in Bungoma County after the general elections.

Barasa, then the incumbent MP, confronted Khaemba’s motorcade as it departed.

Witnesses reported hearing gunshots, with Olunga fatally struck in the head while seated in the left cabin of Khaemba’s vehicle.

Khaemba

Initial police reports and witness statements pointed to Barasa as the shooter.

Joshua Simiyu, Khaemba’s driver, told investigators Barasa stepped in front of their car, drew his gun, and fired at close range. “I sped off but heard a second shot hit the left screen,” Simiyu’s original statement read.

Contradictions in Court

Despite Simiyu’s damning police account, his court testimony omitted critical details.

He never mentioned Barasa blocking the vehicle or firing directly at Olunga.

Similarly, Khaemba—who had earlier accused Barasa during Olunga’s burial—told the court he “did not see who fired the shots” and incorrectly placed Barasa on the right side of the car, contrary to other witnesses.

Three other prosecution witnesses, including a National Youth Service officer and a polling clerk, gave conflicting versions of events.

Some claimed Barasa fired warning shots to disperse a crowd; others said gunshots rang out after he re-entered the school building.

The Ballistics Debacle

The case hinged on forensic evidence, but the DCI’s ballistics unit delivered a fatal blow to the prosecution. Inspector Alfred Mbalani testified that tests on Barasa’s Glock pistol were “inconclusive,” while government analyst Dennis Owino Onyango concluded the weapon did not fire the fatal bullet.

This contradicted the DCI’s August 2022 social media statement, which asserted Barasa’s gun was “linked to the fatal shot.” The agency never explained the discrepancy. Khaemba blamed the ballistics expert: “He made it impossible for justice to be done.”

Justice Denied

High Court Judge Rose Ougo ruled that the prosecution failed to prove Barasa’s guilt beyond reasonable doubt, citing “no evidence to show who pulled the trigger.”

Olunga’s father, devastated, accused Barasa’s political allies of interference: “They told me no one would be arrested.”

Infact he told NTV’s Murder Tapes that he had received anonymous calls from people he believes were emissaries of Barasa offering him up to Sh6M to ‘bury the case’ and even promised to organize a meeting with President Ruto in State House Nairobi to  ‘sort out the matter.’

Barasa, who went into hiding for three days after the shooting, celebrated the verdict on social media, praising the court for rejecting “hearsay.”

Unanswered Questions

With three armed men—Barasa, Khaemba, and a police officer—present at the scene, the failure to conclusively identify the shooter has left lingering doubts. Critics allege witness tampering and a compromised investigation.

As Olunga’s family awaits “another government to reopen the case,” the collapse of the trial underscores Kenya’s struggle to hold powerful figures accountable for violence.