Republic v David Kamau Thutho [2013] KEHC 199 (KLR)

Facts

The accused, David Kamau Thutho, is charged with murder. The deceased, MWANGI WAINAINA KIRICHU, was a friend of the accused. The accused and deceased had eaten roast meat together and later went to Kaka Bar where they shared drinks. The accused claimed the deceased had stolen his phone, leading to an argument and the accused blocking the door with a stone. The deceased went his own way, and the accused was later found with a knife that matched the deceased's blood group.

Issues

1. Who inflicted the injury?
2. What was the motive?

Reasoning

The court noted inconsistencies in the prosecution's evidence and the lack of direct evidence linking the accused to the murder. The court also questioned the reliability of the prosecution's witnesses.

Outcome

The accused was acquitted.

Authorities cited