Case ID:182195

Republic v Peter Ng’ang’a Kamau [2021] eKLR

Case Metadata

Case Number:

Criminal Case 8 of 2014

Parties:

Republic v Peter Ng’ang’a Kamau

Date Delivered:

28 Sep 2021

Case Class:

Criminal

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Republic v Peter Ng’ang’a Kamau [2021] eKLR

Advocates:

Ms. Waititu holding brief for Ms. Waithera Mwangi for the accused.

Ms. A. Gakumu for the Republic.

Court Division:

Criminal

Advocates:

Ms. Waititu holding brief for Ms. Waithera Mwangi for the accused.

Ms. A. Gakumu for the Republic.

History Advocates:

Both Parties Represented

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. 8 OF 2014

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

VERSUS

PETER NG’ANG’A KAMAU..................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 19

th

October 2013 at Mitero village, Gatundu North District, within Kiambu County, jointly with others not before the court, he murdered

George Kiringa Gathoni.

3. He pleaded

not

guilty. The prosecution lined up

nine

witnesses.

4. Learned counsel for the Republic and that of the defence did

not

file submissions.

5. I have paid heed to the evidence of the key witnesses. For instance PW1 and PW2 testified that on the material day, the accused with the assistance of another, tied the deacesed to a post claiming the deceased had stolen his scrap metal. The accused was wielding a rungu.

6. PW7 had earlier witnessed Police Sergeant Karumba (PW8) release the deceased into the hands of the accused and other people ostensibly to go resolve the issue of the scrap metal privately. PW7 said the accused was begging the poice not to leave him in the hands of those people as he fered for his life.

7. PW3 and PW5 saw the accused with the help of others drag a blood-stained person into their compound. His dentures were broken and he was bleeding in the mouth. The deceased was taken to a number of hospitals but died a few days later.

8. There is then the Post Mortem Form produced by PW9 under section 77 of the

Evidence Act

showing that the deceased died from a lower respiratory tract infection and head injury following

a blunt force trauma

.

9. 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

nine

witnesses, I find that the Republic has established a

prima facie

case against the accused.

10. 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 28

TH

DAY OF SEPTEMBER 2021.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of:

The accused.

Ms. Waititu holding brief for Ms. Waithera Mwangi for the accused.

Ms. A. Gakumu for the Republic.

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