Republic v John Mbuthia Njenga [2014] KEHC 504 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL  CASE NO.72 OF 2011

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

VERSUS

JOHN MBUTHIA NJENGA…..….…..........…………………..ACCUSED

RULING

The accused John Mbuthia Njenga is charged with the murder of one Elizabeth Njoki Gichuhi.  He is alleged to have committed the offence on 27th May, 2011 at Waithaka in Dagoretti within Nairobi County.

The deceased and the accused were said to be in an intimate relationship. According to the accused’s neighbours in Jerusalem estate in Dagoretti, the deceased used to visit the accused frequently. It is the prosecution’s case that the accused fatally assaulted the deceased on the fateful day as they were together at the accused’s house.  PW3 (the deceased’s neighbour) testified that the couple used to quarrel whenever they were drunk and that on the fateful night, she heard noises from the accused’s house and in the morning she learnt that the deceased had been badly assaulted. She found her lying naked on the floor and not talking.  She assisted PW1 to take the deceased to hospital.

PW1 (the deceased’s daughter) testified that on 27th May, 2011 she was informed that her mother had been assaulted by the accused and on going to the accused’s house, she found her mother in a bad state. In her testimony the accused pretended that he was going to get a taxi to take her mother to hospital but he never came back prompting PW1 to get alternative means. A relative PW2 assisted PW1 in getting a taxi and taking the deceased to Kenyatta National Hospital from where she was pronounced dead at 7p.m.

PW6 (a pathologist) performed the post mortem on the deceased and found that the cause of death was bleeding in the brain caused by severe head injury due to blunt force trauma. PW5 (arresting officer) and PW7 (investigating officer) testified that the accused disappeared soon after the incident in May 2011 and was only arrested in September 2011 after he was sighted in Ngong.

I have analysed the testimony of the prosecution witnesses outlined above. I have also considered the submissions filed by both parties. I have come to the finding that the accused has a case to answer. He is accordingly put on his defence.

Orders accordingly.

Ruling delivered, dated and signedat Nairobi this27thday of November, 2014

R. LAGAT - KORIR

JUDGE

In the presence of:

…………………………….: Court clerk

……………………………:  Accused

……………………………:  For  accused

……………………………:    For the State