Republic v B N M [2017] KEHC 2301 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 25 OF 2014

REPUBLIC……..........PROSECUTOR

VERSUS

B N M………...........…..….ACCUSED

RULING

B N M, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code in that on the 24th March 2014 at Kwa Ng’ang’a flats in Riruta within Dagoretti District in Nairobi County he murdered C M N. The accused denied committing this offence necessitating this trial.

To support this case, the prosecution called six (6) witnesses. According to their evidence, L R C, PW1, met the accused in 2012 and started a relationship. She went to live with him at Kabiria in Waithaka. She got pregnant and delivered a baby boy in November 2013. They named him C M N. Their relationship was not a peaceful one and on 22nd March 2014 Linda left the accused and went to live with her aunt J M O, PW2, at Kwa Ng’ang’a Flats in Waithaka.

On 24th March 2014 the accused went to Kwa Ng’ang’a Flats intending to see Linda and the baby. He knocked at the door of Josephine’s house forcefully. Josephine opened the door for him. The accused asked Josephine where his people were referring to Linda and the baby. Josephine told the accused to wait and she went inside to tell Linda. The accused pushed the door with force knocking down some utensils. He entered the house. He was carrying Pampers (diapers). He found Linda seated on a chair with the baby lying on the seat. He picked the baby, dressed him with diapers and tried talking to Linda. Linda refused to talk to him. At the time, Josephine was at the door preparing her child to go to school. The accused lifted the baby and smashed him on the floor. The accused then ran away and escaped. Linda screamed and called Josephine telling her that the accused was killing the baby. Josephine picked the baby and took him to Kikuyu Mission Hospital where he was pronounced dead on arrival. The matter was reported at Kabete Police Station. The accused was later arrested and charged with this offence.

I have examined and considered the evidence of Linda and Josephine as well as that of Hilary Otsiemo Lumanyi, PW3, neighbour of Josephine’s. Hilary confirms hearing someone knocking at Josephine’s house and hearing screams from Josephine’s house that “anaua”. Hilary also confirms seeing the accused running away from Josephine’s house. I have also considered the evidence of Dr. Peter Muriuki Ndegwa, PW5, who examined the body of the baby. He confirmed that the baby died due to severe cranio-cerebral injuries due to blunt force trauma. The injuries described by the doctor are consistent with what was described by Linda and Josephine in regard to what the accused did to the baby.

I find that I am convinced that this is strong evidence that this court could rely on to convict even if the defense did not offer any explanation. It is my finding that the prosecution has established a prima facie case against the accused person. This court will proceed, which I hereby do, to find that the accused has a case to answer and place the accused on his defense. Orders shall issue accordingly.

Delivered, signed and dated this 3rd of October 2017.

S. N. Mutuku

Judge