Republic v Stephen Kang’ethe Wambui [2021] KEHC 3791 (KLR)

Facts

The accused is charged with murder of Teresa Nyambura Muiruri on 19th August 2012. The prosecution called three witnesses, including the mother of the accused and a village elder, who testified that the accused was present at the scene but did not see him assault the deceased. The prosecution also presented a post-mortem report indicating the cause of death was a penetrating chest injury.

Issues

1. Whether the evidence presented by the prosecution is sufficient to establish a prima facie case against the accused

Reasoning

The prosecution failed to present direct or circumstantial evidence linking the accused to the murder. The court found that the accused was not seen assaulting the deceased and that the evidence was insufficient to prove his guilt.

Outcome

Not Guilty

Authorities cited