Case ID:178278

Republic v Peter Wainaina Mungai [2021] eKLR

Case Metadata

Case Number:

Criminal Case 43 of 2012

Parties:

Republic v Peter Wainaina Mungai

Date Delivered:

06 Jul 2021

Case Class:

Criminal

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Republic v Peter Wainaina Mungai [2021] eKLR

Advocates:

Mr. Njiraini holding brief for Mr. Kinuthia for the Accused.

Ms. Adera for the Republic

Court Division:

Criminal

Advocates:

Mr. Njiraini holding brief for Mr. Kinuthia for the Accused.

Ms. Adera for the Republic

History Advocates:

Both Parties Represented

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. 43 OF 2012

[FORMERLY NYERI HCCR 12 OF 2010]

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

VERSUS

PETER WAINAINA MUNGAI.............................................ACCUSED

RULING

1. The accused is 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 25

th

and 26

th

December 2009 at Kariti village, Kariti Sub-Location, Muran’ga South District of the former Central Province, jointly with others not before the court, murdered

Mburu Mungai Micara.

3. He pleaded

not

guilty. The prosecution only called

four

witnesses. The prosecution’s case is founded largely on

circumstantial

evidence.

4. PW1 is a sister of the deceased and the accused. She was informed of the murder by a woman whose name she could not remember. She was however present when the police exhumed the remains from a pit nine days later. The pit was in the compound of the deceased.

5. PW2 is the area chief. He got some tips from an informer about the murder and interment of the remains in the disused pit latrine in the deceased’s compound. He passed on the information to the police. On 3

rd

January 2010, the same informer told him that the perpetrators of the murder were planning to exhume tohe remains to hide the evidence. The police assisted by the public excavated the pit in the morning and removed the body. PW2 and PW3 attended the postmortem examination on 20

th

February 2020 at the City Mortuary in Nairobi. The body was identified by PW3.

6. The accused was arrested at Makuyu Market by Corporal Mwirigi (PW4) Police Constable Malori on 11

th

April 2010.

7. 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

four

witnesses, I find that the Republic has established a

prima facie

case against the accused.

8. 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 6

th

day of July 2021.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of:

The accused.

Mr. Njiraini holding brief for Mr. Kinuthia for the accused.

Ms. Adera for the Republic.

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