Republic v Geoffrey Wafula Makoe [2015] KEHC 5723 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE NO. 105 OF 2008

REPUBLIC ……………………………………………………………..PROSECUTOR

VERSUS

GEOFFREY WAFULA MAKOE …..………………........................................ ACCUSED

RULING

Geoffrey Wafula Makoe, the Accused, is charged with the offence of MurderContrary to Section 203 as read with Section 204 of the Penal Code; and attempted murder contrary to Section 220 of the Penal Code. Particulars of the Offence are outlined in the information presented to court.

Circumstances of the offence herein are that on the 17th November, 2008, the accused, an Administration Police Officer was assigned duties of escorting BAT (K) Cigarettes from Nairobito Malindi.  The accused was armed with a G3 rifle and so were two (2) of his colleagues. They decided to spend a night at Mtito Andei.  At about 11. 00pm the accused decided to have a drink at a nearby pub.  While there a scuffle ensued between him and some people.  He lost Kshs. 3000/= in the process.  Consequently, he rushed to his room and armed himself with a rifle.  He returned to the venue and opened fire killing Isaac Ndunda Muli(deceased) instantly and injuring Munyao Ikulumi. The matter was reported to the police. Investigations were carried out and the accused was charged.

At the close of the prosecution’s case a post-mortem report produced in evidence established the fact that the deceased died as a result of a fatal head injury secondary to a gunshot.   This is proof of the fact of death. PW2; Benson Munyao Kimanthiidentified the accused as the person who shot him twice in the thigh wounding him. Three fired cartridges recovered were confirmed to have been fired from the firearm that was issued to the accused.

At the conclusion of the prosecution’s case there is sufficient evidence pointing to the accused as the person who committed the offence.  He is therefore required to address the court in his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.

DATED, SIGNED and DELIVERED at MACHAKOSthis 18THday of FEBRUARY, 2015.

L.N. MUTENDE

JUDGE