Case ID:179619

Republic v Jackson Mwangi Wathithi [2021] eKLR

Case Metadata

Case Number:

Criminal Case 2 of 2012 [Formerly Nyeri Hccr 14 of 2010]

Parties:

Republic v Jackson Mwangi Wathithi

Date Delivered:

27 Jul 2021

Case Class:

Criminal

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Republic v Jackson Mwangi Wathithi [2021] eKLR

Court Division:

Criminal

County:

Murang'a

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. 2 OF 2012

[FORMERLY NYERI HCCR NO. 14 OF 2010]

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

VERSUS

JACKSON MWANGI WATHITHI......................................................................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 8

th

April 2010 at Kamahuha Trading Centre in Murang’a South District, jointly with others not before court, he murdered

Margaret Wambui Kamau.

3. He pleaded

not

guilty. The prosecution lined up

eight

witnesses.

4. I have paid close attention to the evidence of the key witnesses. For instance, PW1, PW2, PW3, PW4 and PW5 all went to the scene. PW1 and PW2 found the deceased’s body on the floor next to a bed covered in heap of burning clothes. The accused’s house, which was separate, was completely burnt down. PW4 said that the accused was employed as a farmhand by the deceased and that she had seen the accused in the compound the previous night.

5. There is then the evidence of the investigating officer (PW8) and exhibits numbered 2 to 6 including the Government Analyst Report and some cell-phone data retrieved from a service provider.

6. I have also considered the evidence of the pathologist (PW6) whose opinion was that the death was caused by asyphyxiation

“due to smothering”.

He testified that the deceased may also have been sexually assaulted. The burns were significant but not the cause of death.

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

seven

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 27TH DAY OF JULY 2021.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of:

The accused.

Mr. Waweru holding brief for Ms. Kimani for the accused.

Mr. S. Mutinda for the Republic.

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