Case ID:166644

Republic v Stephen Kimondiu Nzue & 7 others [2020] eKLR

Case Metadata

Case Number:

Criminal Case 60 of 2017 (Formerly Machakos HCCRC NO. 23 of 2016)

Parties:

Republic v Stephen Kimondiu Nzue, James Mutua Mwei, Boniface Musembi Mutua, John Ngului Ngesi, Richard Wambua Mutiso, Joseph Muoki Ngei, Benjamin Nzioka Mutune & Boniface Ngumu Ngesi

Date Delivered:

10 Nov 2020

Case Class:

Criminal

Court:

High Court at Makueni

Case Action:

Ruling

Judge(s):

Hedwig Imbosa Ong'udi

Citation:

Republic v Stephen Kimondiu Nzue & 7 others [2020] eKLR

Court Division:

Criminal

County:

Makueni

Case Outcome:

All the accused placed on their defence

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HIGH COURT CRIMINAL CASE NO. 60 OF 2017

FORMERLY MACHAKOS HCCRC NO. 23 OF 2016

REPUBLIC

............................................................................ PROSECUTION

-VERSUS-

STEPHEN KIMONDIU NZUE................................................

1

ST

ACCUSED

JAMES MUTUA MWEI..........................................................2

ND

ACCUSED

BONIFACE MUSEMBI MUTUA.......................................... 3

RD

ACCUSED

JOHN NGULUI NGESI...........................................................4

TH

ACCUSED

RICHARD WAMBUA MUTISO............................................5

TH

ACCUSED

JOSEPH MUOKI NGEI..........................................................6

TH

ACCUSED

BENJAMIN NZIOKA MUTUNE...........................................7

TH

ACCUSED

BONIFACE NGUMU NGESI..................................................8

TH

ACCUSED

RULING

1. All the accused persons are facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. Six (6) witnesses have testified. The first three (3) witnesses have explained what transpired on the material night prior to the deceased’s injured and burning body being found at the river.

2.

Pw4 Dr. Simon Mueke

who performed the postmortem on the deceased’s body found it to have several burns the severest and deepest being on the left side of the head and left upper limb. The head had five deep cuts. It also had open scalp fractures among many other injuries. He found the cause of death to be severe head injury and burns. The burns were above 80% EXB1. Though not a pathologist he said as a doctor he has gained experience in pathology.

3. The witnesses Pw1 – Pw3 explained what they heard, saw and did on the material night. That they explained as to who had initially injured the deceased (

not among the accused

) and who took away the deceased that night.

4. I have considered all this evidence and the submissions by all the counsel for the defence. My finding is that a prima facie case has been made out against all the accused who I hereby place on their defence.

Orders accordingly.

Delivered, signed & dated this 10

th

day of November 2020, in open court at Makueni.

.........................

H. I. Ong’udi

Judge