Nairobi — The court has acquitted controversial businessman Chris Obure of the charges of failing to secure his firearm which was allegedly used by his co-accused to fatally shoot city businessman Kevin Omwenga.

Milimani Principal Magistrate Bernard Ochoi on Tuesday in his ruling said that the prosecution failed to prove the two criminal charges against Obure.

The court however found Obure's co-accused Robert Ouko answerable to the charges after the prosecution successfully placed him at the crime scene in Senteu Plaza where the firearm which was used to commit the murder was stored.

"After evaluating the evidence and facts in this case I find that the prosecution has not established a prima facie case against the first accused (Obure) I therefore acquit him of all counts under section 210 of Criminal Procedure Code Under section 210 of Criminal Procedure Code," The Magistrate ruled.

"I also find that the prosecution had provided their case against the second accused (Ouko) beyond reasonable doubt.This court finds him to have a case to answer and accordingly places him on his defence," he added.

The court set November 22 for mention of the case against Ouko.

Obure and his 'bodyguard' also co-accused Robert Bodo Ouko were charged with the murder of their friend Kevin Omwenga in September 2020.

The duo denied the charges, in a case in which Bodo is accused of shooting Omwenga at his Kilimani apartment using Obure's pistol.

Obure had filed an application opposing the prosecution's plan to charge him with murder, arguing that he should be a state witness.

Omwenga was shot inside his Kilimani apartment on August 21.

An autopsy by the government pathologist however established that the deceased was shot from an elevated angle. The bullet went through the heart and the left lung.

Police said that the firearm that Ouko allegedly used in the shooting belonged to his boss, Obure.