Republic v George Chege Kamau & James Githinji Ngaruiya [2017] KEHC 198 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NO. 113 OF 2013

REPUBLIC.......................................................................STATE

VERSUS

GEORGE CHEGE KAMAU................................1ST ACCUSED

JAMES GITHINJI NGARUIYA.........................2ND ACCUSED

RULING

The two accused persons namely GEORGE CHEGE KAMAU (hereinafter referred to as the 1st accused) and JAMES GITHINJI NGARUIYA (hereinafter referred to as the 2nd accused) are jointly charged with MURDER CONTRARY TO SECITON 203 as read with SECTION 204 OF THE PENAL CODE.

The particulars of the charges were that

“On the 4th day of December, 2013 at Flyover Market within Nyandarua County jointly with others not before court murdered PETER WAITHUNGURI MUNGE”

Both accused persons pleaded ‘Not Guilty’ to the charge and their trial commenced on 7/12/2016. The prosecution only called two witnesses in support of their case.

PW2 DR. TITUS NGULUNGU was the consultant pathologist who conducted the autopsy on the body of the deceased. The doctor noted a skull fracture as well as other bruises and lacerations on the body. The cause of death was opined to be ‘severe head injury attended by skull fracture and subdural haematoma and brain lacerations due to extensive blunt force trauma to the head in keeping with fatal assault’. PW2 filled and signed the post-mortem report which has been produced in court as an exhibit P. exb 1.

PW1 HELEN WANJIKU was the wife of the deceased. She told the court that on 4/12/2013 at about 4. 00am the deceased left their home to go and sell milk. PW1 later received a call informing her about an incident at Flyover. She tried to raise her husband on his mobile number but he was unavailable.

Thereafter PW1 left to follow the deceased to Flyover and on the way received another call informing her that her husband had been attacked. She rushed to Kijabe Mission Hospital only to find that the deceased had succumbed to his injuries. Later on a mobile phone P. exb 1 and a pair of blood stained shoes were shown to PW1. She identified the items as belonging to her late husband.

That is the sum total of the prosecution case. The court is not told who attacked and killed the deceased or why. PW1 witnessed nothing as she remained at home when the deceased left their home. The court is not told how or why the 2 accuseds were arrested and charged with this offence. No investigating officer was called to testify in the case.

I find there exists no evidence to connect or implicate the two accused persons in the fatal assault upon the deceased. No prima facie case has been established. Accordingly I enter a verdict of ‘Not Guilty’and I acquit the two accused of this charge of murder. Each accused person is to be set at liberty unless otherwise lawfully held.

Dated and delivered in Nakuru this 6th day of September, 2017.

Mr. Ochang holding brief for mongeri

Mr. Chigiti for DPP.

Maureen A. Odero

Judge