Republic v Richard Ndwiga Wambugu & 4 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL CASE NO. 22 OF 2014 REPUBLIC..........................................................................PROSECUTOR VERSUS RICHARD NDWIGA WAMBUGU............................................ACCUSED PETER KINYUA KANGICHU...................................................ACCUSED JOSEPH KARIUKI NDWIGA....................................................ACCUSED JOSEPH NJERU NDWIGA.........................................................ACCUSED NANCY WANGIRI.......................................................................ACCUSED RULING A. Introduction 1. This is a ruling on whether the accused persons herein have a case to answer and should consequently be put on their defence. 2. The accused herein are jointly charged with the offence of murder of Jackson Kariuki Namu contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 29/03/2014, at Ngenge village, Gaturi sub-location within Embu County, jointly with others not before court murdered Jackson Kariuki Namu. The accused persons all pleaded not-guilty to the charge. 3. The prosecution called eight (8) witnesses in support of their case which is summarised herein. B. Prosecution Case 4. The prosecution case was that on the 29/03/2014 at around 5.00pm PW1 received a call from her mother, PW2, informing her that the deceased, her brother, and the 2 nd accused who was her uncle had quarrelled. She proceeded to Ngenge village where she found the deceased kneeling down with injuries on the head. She testified that there was a group of people around him including the 1 st, 3rd, 4th and 5th accused armed with various weapons who beat the deceased. 5. PW1 testified the 3rd accused hit the deceased on the head with a piece of wood whereas the 4 th accused hit the deceased on the head with an axe. She further testified that the 4 th accused then asked the deceased’s father what to do with the deceased to which he replied “just finish him” and subsequently threw a matchbox to the 1 st accused. PW1 testified that the 3 rd accused the collected dry maize stocks, dry banana leaves and put them on the deceased as he lay on the ground after which the 1 st accused poured paraffin on the deceased and set him on fire. 6. The facts of the case is that PW1 was informed that the deceased and his uncle the 2 nd accused had quarrelled. He proceeded to Ngenge village where he found the deceased kneeling down with injuries and being assaulted by the 1 st, 3rd, 4th and 5th accused persons. He was later set on fire. 7. The deceased later died of the injuries inflicted on him as the accused persons were arrested and later charged with the offence. 8. I have carefully perused the entire evidence in this case and I am satisfied that the prosecution have made up a prima facie case against the five accused.

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