Ndinwa v Republic (Criminal Appeal 34 of 2013) [2025] KECA 2239 (KLR) (19 December 2025) (Judgment)

Facts

The appellant, Joseph Chomba Ndinwa, was accused of murdering his father, Sammy Ndinua Kuthua, on July 1, 2010, in Kanyeri Village, Kirinyaga Central District. Nine witnesses testified, including the victim's daughter who heard the appellant ask his father how long he would disturb him, and the victim's brother who found him bleeding and later identified the appellant as the perpetrator.

Issues

1. Whether the appellant took away his father's life
2. Whether the prosecution's witnesses were sufficient to prove the case
3. Whether the death penalty is the only available punishment for murder

Reasoning

The court found malice aforethought and that the prosecution's witnesses were sufficient. However, the death penalty is no longer the only available punishment for murder, as established in the Supreme Court case Muruatetu & another vs. Republic.

Outcome

The death sentence is set aside and replaced with a 40-year imprisonment sentence.

Authorities cited