Republic v Wanjohi & 2 others (Criminal Case 9 of 2016) [2026] KEHC 11830 (KLR) (18 February 2026) (Judgment) Neutral citation: [2026] KEHC 11830 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL CASE 9 OF 2016 M MUYA, J FEBRUARY 18, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND STEPHEN MAINA WANJOHI ............................................................. 1ST ACCUSED ELIUD MURIMI KIAMA ..................................................................... 2ND ACCUSED JOHN NJENGA GICUIRI ..................................................................... 3RD ACCUSED JUDGMENT 1. The three accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. 2. The particulars are that on the 5th day of October, 2016 in Mathira East sub county within Nyeri county murdered Christopher Ndegwa Kanyi. 3. This case was partly heard by Hon. Mshila J. In the course of that trial the first accused entered into plea bargaining agreement and subsequently was convicted and sentenced for a charge of manslaughter. The case proceeded as against the 2nd and 3rd accused. 4. PW1 is the father of the deceased. His son was a loader. He was with his son when the 1st and 3rd accused took his son to go on duty to load timber. The 3rd accused was the driver of the lorry. 5. The 1st accused had alleged that the deceased had assaulted him by cutting his hand and therefore he should go and help him in doing 1st accused work. After they left, he later got information that his son’s body was discovered near a river at Karatina University. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11830/eng@2026-02-18 1
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6. PW2 is the lorry owner of lorry Registration No. KAB 573A. He had instructed his son and driver to pick loaders to go for work in the forest of carrying logs. He later got information that his driver was beaten by a mob. The driver is accused No. 3. 7. PW3 was called by police to identify the body of the Deceased who was his cousin which he did for purposes of postmortem examination. 8. PW4 Dr. Stephen Nderitu a medical officer based at Karatina sub county hospital produced the post mortem report and a P3 form in favour of Joseph Njenga Gichuki 3rd accused for a history of assault by members of public. 9. PW5 Elizabeth Waithera Oyiego is a government analyst. She was handed over by police.Item A – a blood sample in a bottle of Deceased.Item B – soil in dark envelope from the scene.Item C – pair of jeans trouser placed in a khaki envelope. 10. She was required to examine and determine the origin of the blood sample. The trouser was moderately stained with human blood. 11. DNA profile from blood stains on trouser matched DNA profile generated from blood indicated as belonging to the deceased. There was no blood stains on the soil sample so it was not clear where the deceased was killed. 12. Analysis and determination from the evidence on record, it transpires that the Deceased and the 1st accused had an alteration the previous day before the murder. The 1st accused was cut on the hand with a panga by the Deceased. 13. The first accused after several witnesses testified entered into a plea bargaining agreement and was charged with the offence of manslaughter and sentenced to ten (10) years imprisonment. 14. The three accused persons and the deceased set for Cheche forest to load logs onto a lorry belonging to PW2. It is while in the forest that the Deceased was beaten and succumbed to the injuries. 15. Accused No. 2 and 3 were arrested and charged because they were together with the Deceased in the forest. 16. In this case no witness testified to have seen the accused persons beating the Deceased. The evidence before the court is that they were seen riding the lorry which was loading to Cheche forest to ferry timber. There is evidence to the effect that the Deceased was killed while in the forest. There is no evidence to the effect that the two accused persons were prime participants in the murder and or that there was a common intention to kill. The fact that the 2nd accused led police to where the body was found cannot be taken as confession more so when it has not been established that he was the first person to visit the scene. 17. There is evidence that the fact of death of the Deceased and finding the body in the forest was discovered by members of public who went in search of the accused persons and beat them up before police went to their rescue. 18. In their defence, the accused persons denied having murdered the deceased. 19. I find that the prosecution has not proved their case beyond reasonable doubt. The two accused persons are found not guilty of the offence of murder and are acquitted under Section 215 of the criminal procedure code. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11830/eng@2026-02-18 2
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They are set at liberty unless otherwise lawfully held. JUDGMENT DATED, SIGNED AND DELIVERED THIS 18TH DAY OF FEBRUARY, 2026. ............ MARTIN M. MUYA JUDGE In the Presence of: Kaniu – For the ODPP Accused persons Court assistant - Isacko https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11830/eng@2026-02-18 3
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