Case ID:175043

Republic v Peter Mwangi Muthoni & 3 others [2021] eKLR

Case Metadata

Case Number:

Criminal Case 7 of 2012 [Formerly Nyeri HCCR 10 of 2011]

Parties:

Republic v Peter Mwangi Muthoni, John Karuri Kiamari, John Njora Irungu & Wilson Mari Gachucha

Date Delivered:

11 May 2021

Case Class:

Criminal

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Republic v Peter Mwangi Muthoni & 3 others [2021] eKLR

Advocates:

Mr. S. Mutinda for the Republic instructed by the Office of the Director of Public Prosecutions

Court Division:

Criminal

Advocates:

Mr. S. Mutinda for the Republic instructed by the Office of the Director of Public Prosecutions

Case Outcome:

accused placed on his 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 MURANG’A

CRIMINAL CASE NO. 7 OF 2012

[FORMERLY NYERI HCCR 10 OF 2011]

REPUBLIC.............................................................PROSECUTOR

VERSUS

PETER MWANGI MUTHONI.................................1

ST

ACCUSED

JOHN KARURI KIAMARI....................................2

ND

ACCUSED

JOHN NJORA IRUNGU.......................................3

RD

ACCUSED

WILSON MARI GACHUCHA.............................4

TH

ACCUSED

RULING

1. The accused are charged with

murder

contrary to section 203 as read with section 204 of the

Penal Code

.

2. The particulars are that on the night of 12

th

and 13

th

February 2011 at Ngiine village, Gakuyu Sub-Location, Gaturi Location in Muran’ga County, they murdered

Stephen Karanja Mwangi.

3. They all pleaded

not

guilty. The prosecution lined up

six

witnesses. The prosecution’s case is founded largely upon

circumstantial

evidence. For instance, PW1, PW2 and PW4 were all attracted to the scene by some screams. They found the body of the deceased lying in a ditch. It had cut wounds on the head, cheeks and one ear was missing.

4. PW1 was the wife of the deceased and he testified that the 1

st

accused and deceased used to have quarrels and fights dating back to 2009. He had also beaten her, a matter she had reported to the police.

5. There is then the evidence of Chief Inspector Jeremiah Musyoki (PW3) who recovered a number of incriminating pieces of evidence produced as exhibits at the trial.

6. According to the Post Mortem Form (exhibit 1) produced by Dr. Kamotho Watenga (PW5), the death was caused by

“asphyxiation from aspiration of blood with severe haemorrahage”.

7. Both the learned prosecution counsel; and, the learned defence counsel opted

not

to make submissions.

8. Applying the precedents in

Bhatt v Republic

[1957] E.A. 332 and

R v Kipkering arap Koske & another

16 EACA 135 (1949); and, upon the digest of the evidence of

all

the

six

witnesses, I find that the Republic has established a

prima facie

case against the accused.

9. Accordingly, under the provisions of section 306 (2) of the

Criminal Procedure Code

, I place the accused on his defence.

It is so ordered.

DATED, SIGNED

and

DELIVERED

at

MURANG’A

this 11

th

day of May 2021.

KANYI KIMONDO

JUDGE

Ruling read in open in the presence of:

Accused persons.

No appearance by counsel for the accused.

Mr. S. Mutinda for the Republic instructed by the Office of the Director of Public Prosecutions

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.