Director of Public Prosecutions v Achweya alias Waitemba (Criminal Case E020 of 2022) [2026] KEHC 739 (KLR) (29 January 2026) (Judgment)

Facts

The accused, Peter Atura Achweya alias Waitemba, was charged with murder for the death of Charles Mirumbi Moseti on September 21, 2022. The prosecution presented evidence of the accused's presence with the deceased and the deceased's injuries, but failed to prove the accused's actus reus and malice aforethought.

Issues

1. Whether the death of the deceased was proved
2. Whether the prosecution proved the actus reus of the offence of murder against the accused
3. Whether malice aforethought was established
4. Whether the prosecution discharged the burden of proof beyond reasonable doubt

Reasoning

The prosecution's evidence was circumstantial and failed to establish the accused's actus reus and malice aforethought beyond reasonable doubt.

Outcome

Not Guilty

Authorities cited