Republic v Peter Gathogo Githui [2021] KEHC 6656 (KLR)

Facts

The accused, Peter Gathogo Githui, was charged with murder for the death of Nelson Warui Muzee on July 8, 2012. PW1 and PW4 testified that the accused and the deceased had a dispute over a stolen phone, leading to an altercation at the gate of the deceased's house. The accused was identified by PW1 and PW4, and the post-mortem report indicated the deceased had a stab wound to the heart.

Issues

1. Fact of death and cause of death
2. Whether the accused caused the death of the deceased by an unlawful act or omission
3. Whether the accused had malice aforethought in causing the death

Reasoning

The court relied on circumstantial evidence to infer that the accused caused the death of the deceased, and the prosecution's witnesses identified the accused at the scene of the crime. The court also found that the accused had malice aforethought.

Outcome

The accused was found guilty of murder.

Authorities cited