Case ID:175043
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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.