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Original judgment

In re Maseno

REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA INQUEST NO. E002 OF 2025 VINCENT MASENO (DECEASED) RULING 1. This ruling is in respect of the death of MASENO VINCENT the deceased herein which occurred on 7/10/2024. The prosecution evidence was that PW2 Dr. MARK ODUOR produced the postmortem report as exhibit-1. He said on examination the body had multiple cut wounds on the body, head, upper limbs. There were three major cut wounds on the head; occipital region-deep cut wound measuring 8cm by 6cm in depth cutting through the skull with fracture of the occipital temporal parietal skull with injury to brain tissue. Oblique deep cut wound from right orbital region to the left mandible measuring 10cm by 2cm with facial fracture, nose cut through and the mouth lips. Cut wound through the perinatal region and maxilla. Cut wound on the left elbow region. He concluded that the cause of death was severe head injury secondary to assault by a sharp object. 2. PW1 NO. 254420 PC BENARD ODHIAMBO took over the file from CPL NJOGU on 8/9/2025 upon his transfer. The matter had already been investigated. He perused the file and found out that the deceased was killed within his girlfriend’s compound within Taranganya area. On Paul Kihita called CPL NJOGU and directed them to the scene. The police officers processed the scene and took the body to Kehancha Sub County Hospital mortuary. KEHANCHA SPMC INQUEST NO. E002 OF 2025 (RULING) 1

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3. PAUL KIHITA called CPL NJOGU telling him that the person responsible was one ROBI WANDIBA who was a night guard at Taranganya School. He was arrested and taken to the cells. Upon interrogation CPL NJOGU noted that he was being duped by PAUL KIHITA who was influencing investigations by trying to cover up what had transpired. ROBI was released and PAUL KIHITA arrested with another person. After investigations the file was forwarded to the ODPP Migori Officer for advice and they were directed that an inquest be done. 4. PW1 said he has been bonding witnesses but they do not come to court. He received an affidavit from MARY MAJANI and GOERGE MASESE MASENO saying that they are no longer interested in the case. He produced the said affidavit as exhibit-2. The prosecution then closed their case. 5. I have carefully considered the prosecution evidence and find that the deceased died on 7/10/2024 at 2030 hours as a result of severe head injury secondary to assault by a sharp object. There is no evidence showing who assaulted the deceased causing the injuries that led to his death. I hereby close this inquest pursuant to section 387(5) of the Criminal Procedure Code as there is no evidence linking anyone to the death of the deceased. Dated, Signed and Delivered in open Court at Kehancha on this 17 th day of September, 2026. J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Mr. Kuntai………… Prosecution Counsel KEHANCHA SPMC INQUEST NO. E002 OF 2025 (RULING) 2

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Mr. Mang’era/Martha.………… Court Assistastant Interpretation ……… English/Kiswahili KEHANCHA SPMC INQUEST NO. E002 OF 2025 (RULING) 3

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