Republic v Jackson Mwangi Wathithi

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.

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