Republic v Stephen Mwangi Gachiri

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO. 4 OF 2014 REPUBLIC.....................................PROSECUTOR VERSUS STEPHEN MWANGI GACHIRI.........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 25th December 2013 at Kangondu village, Kigumo Location within Murang’a County, jointly with others not before the court, he murdered Joseph Kamande Gachiri. 3. He pleaded not guilty. The prosecution lined up eight witnesses. The prosecution’s case is largely built on circumstantial evidence and a dying declaration. 4. The accused is a nephew of the deceased. According to Police Constable Ochieng (PW6), on 25 th December 2013 at about 14:55 hours, the deceased found him at the Report Desk at Kigumo Police Station. He was bleeding from the head. He told him he had been assaulted by three people including the accused. PW6 advised the deceased to seek treatment. PW6 later learnt that the deceased died at Murang’a Hospital. 5. According to the area chief (PW7) a report was made on 26 th December 2013 by Peter Kagwi (PW3) and Kamande Kariuki that the deceased was injured in a road traffic accident. However, the investigating officer (PW8) said that whereas there was a trail of blood running from the middle of the road, there were no skid marks or evidence of an impact with a vehicle. 6. I have also paid heed to the evidence of the pathologist (PW5). The cause of death was head injury from a blunt object. 7. Applying the test in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949) I find that the Republic has established a prima facie case. 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 25th day of July 2019. KANYI KIMONDO JUDGE Ruling read in open court in the presence ofAccused. Mr. Kirubi for the accused.

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