Republic v Josphat Ngugi

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 55 OF 2019 REPUBLIC ............................................................................................................DPP VERSUS JOSPHAT NGUGI.....................................................................................ACCUSED. RULING Josphat Ngugi is charged with offence of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that Josphat Ngugi on the 3rd day of July 2019 at Kindani Location in Igembe South Sub-county within Meru County murdered Amareded Karingori. The prosecution availed 7 witnesses to support its case. However, the evidence of PW5 and PW6 was to the effect that the deceased was the aggressor and that the accused picked a frame/firewood and used it to hit the deceased on the head when he realised the accused was overpowering him. PW6 said that the deceased boxed the accused and that she also heard the accused complaining that the deceased had kicked him. In consideration of the evidence of PW5 and PW6 this court finds that the prosecutions evidence supports the offence of manslaughter and not murder. The accused is therefore acquitted of the offence of murder and placed on his defence for the lesser charge of Manslaughter. HON A. ONG’INJO JUDGE RULING DELIVERED, DATED AND SIGNED IN COURT ON 27TH DAY OF FEBRUARY 2020. In the presence of : C/A: Kinoti Accused:- Present in person State: Ms Mbithe for state. Mr Muriera Advocate for accused HON A. ONG’INJO JUDGE Mr Muriera Advocate Accused will give sworn statement. Order: Defence hearing 19.3.2020

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