REPUBLIC V MARY WANJIRU NJUGUNA & GEOFFREY MUCHOKI NYAMBURA (Criminal Case 200 of 2003) [2005] KEHC 496 (KLR) (Crim) (13 July 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 496
- Citation
- [2005] KEHC 496 (KLR)
- Decided
- 13 July 2005
The court finds that there is no available direct evidence that the accused persons killed the deceased. The court records a finding of 'NOT GUILTY' in respect of both accused.
Facts
The deceased, Mukuria Ngunyi, was murdered on May 3, 2002, at Kikuyu Township in Kiambu District. The prosecution alleged that Mary Wanjiru Nyambura and Geoffrey Muchoki Nyambura were responsible for the murder. The prosecution called four witnesses, including the deceased's landlady and a son of the deceased, who identified the accused and the deceased's body.
Issues
- Whether there was a prima facie case to charge the accused with murder.
- Whether the evidence established the cause of death.
Reasoning
The court notes that there was bad blood between the deceased and the accused, who were living in neighboring rooms. However, the absence of a post-mortem report and the lack of direct evidence of the cause of death prevents a conviction.
Outcome
Both accused are found not guilty.
Orders
- Both accused are set free unless lawfully held for some other lawful reason.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (1)
- Ramanlal Bhatt - vs – R (1957) EA 332
Loading judgment…