Republic v Musembi Nzioki & another [2018] KEHC 6168 (KLR)

Facts

On June 21, 2014, Shadrack Kasee Nzioki was found dead near a church. The 1st and 2nd Accused, Musembi Nzioki and Festus Mutua Nzioki, were accused of his murder.

Issues

1. Whether the Accused acted with malice aforethought.
2. Whether the Accused were properly identified and linked to the crime.

Reasoning

The prosecution proved the death of the deceased, the cause of death, that the death was caused by the Accused, and that the unlawful act or omission that resulted into the death was committed with malice aforethought. The defense's argument about the failure to link the Accused to the crime was rejected.

Outcome

Guilty

Authorities cited