Republic v Bernard Mwiti Lintari & another [2021] KEHC 7634 (KLR)

Facts

Bernard Mwiti Lintari and Kairithia Godfrey Mwithia are accused of murdering Peter Karuti at Maburwa market on February 20, 2017. Peter Karuti died of severe hemorrhage caused by a sharp object. The prosecution's case is supported by the testimony of Peter Kalemia Maithuli, who saw the accused pushing the victim's motorcycle and heard the victim say he had fought with the accused and was stabbed by the second accused.

Issues

1. Whether the prosecution has proven the accused committed the murder and acted with malice.
2. Whether the dying declaration of the deceased can be admitted as evidence.

Reasoning

The court considers the evidence and finds that none of the accused saw the deceased being assaulted, and the prosecution's evidence is insufficient to establish the accused's culpability.

Outcome

Not guilty

Authorities cited