Republic v Wambugu (Criminal Case 14 of 2019) [2026] KEHC 12421 (KLR) (17 March 2026) (Judgment) Neutral citation: [2026] KEHC 12421 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL CASE 14 OF 2019 M MUYA, J MARCH 17, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ROBERT NDIRITU WAMBUGU ............................................................... ACCUSED JUDGMENT 1. The above named accused person is charged with murder contrary to section 203 as read with 204 of the penal code. 2. The particulars are that on the night of 14th May, 2017 and 15th May, 2017 at Gachiro within Mathira West Sub county in Nyeri county jointly with others not before the court murdered Martin Irungu Gathoni. In this case the prosecution called a total of seven (7) witnesses. 3. The accused gave sworn testimony and closed his case. He did not call other witnesses to his defence. Brief Facts 4. The deceased was suspected of stealing a goat in the neighborhood. PW2 Benson Wahome was his brother. It was reported to him that the deceased had stolen a goat while in the company of others. Before he could arrange on how to solve the matter amicably he got information that the deceased had been killed by a mob. The witness testified that he did not know who had killed his brother. 5. PW3 Samuel Mwangi is a nephew of the deceased. On the 15th day of May, 2017 he was at home when he was informed by one Joseph Mwangi that the deceased had been killed at General China trading centre. He proceeded to the scene and found the body. They called police and the body was taken to the mortuary for purposes of identification. It had injuries on the head and hands. He testified that he https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12421/eng@2026-03-17 1
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did not know who killed him. PW4 Joseph Mwangi was called to identify the body of his nephew. He had cut wounds on the head and hands. 6. Esther Mumbi Wandeto PW5 is a relative of the deceased. On 15th May, 2017 she was called by a neighbor to go and identify the body of the deceased. He had been killed not far from her house at a banana plantation. 7. Members of public gathered at the scene. Police arrived and took the body to the mortuary for preservation. She testified not to have known who killed him. 8. PW6 Anne Kagure is a neighbor of the accused. Her evidence is that on the night of 14th May, 2017 at 9.00pm a group of men went to her house and told her that they wanted her son. One of those men was David Nderitu Muriithi who was later charged with the ofience of murder. The accused in this case was present at the time. 9. PW7 Dr. Stephen Nderitu is the pathologist who carried out a postmortem examination on the body of Martin Irungu Gathoni on 18th May, 2017. Death was caused by severe head injury and brain injury. He produced the postmortem report as an exhibit before the court. Analysis & Determination Issues 10. Whether the prosecution has proved beyond reasonable doubt that the accused murdered the deceased. 11. In the Court of Appeal case of Anthony Ndegwa vs. Republic (Criminal Appeal No. 352 of 2012) 2014 KECA 424 KLR it was held; 12. ‘For the ofience of murder, there are three elements which the prosecution must prove beyond reasonable doubt in order to secure a conviction. They are; a. The death of the deceased and the cause of death. b. That the deceased committed the unlawful act which caused the death of the deceased and, c. that the accused had the malice aforethought’. 13. The death of the deceased is not in dispute. A post mortem examination concluded that death was caused by severe head injury and brain injury. 14. The second element is whether the accused committed the unlawful act which caused the death. 15. None of the prosecution witnesses testified to have seen the accused kill the deceased. It is only PW6 who testified to have seen the accused in the company of others. They were saying that they wanted to kill her son but when her eldest one arrived they dispersed and went away. In his sworn statement the accused testified that on 14th May, 2017 he was in his house with wife and children when he heard a commotion at the home of PW6. 16. Upon checking he found many people there who were saying that they were in search of goat thieves. People later dispersed and he went back home. He was arrested two (2) years after the incident. It was alleged that he had run away after the incident but he explained that he had gone to work. 17. As argued above, none of the prosecution witnesses testified to have seen the accused kill the deceased. The investigating officer had testified to have arrested the accused on 20th November, 2017 but under cross-examination he admitted to have arrested David Nderitu Muriithi who was charged with the murder of the deceased in another case and was convicted. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12421/eng@2026-03-17 2
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18. The prosecution has not proved this case beyond reasonable doubt. He is found Not guilty of the ofience of murder contrary to section 203 as read with section 204 of the CPC and he is acquitted accordingly. He is set at liberty unless otherwise lawfully held. JUDGMENT DELIVERED THIS 17TH DAY OF MARCH, 2026. MARTIN M. MUYA JUDGE In the Presence of: Waweru Macharia Miss Kamiu for the State Kinyua - Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12421/eng@2026-03-17 3
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