[2012] KEHC 4239 (KLR)
The court considered whether the accused persons' actions amounted to murder or whether self-defence was established. The evidence showed a fight between the deceased and the 1st accused, with the 2nd accused allegedly intervening. The 1st accused claimed he was attacked and responded with force to protect himself,...
Source-derived case information.
- Citation
- [2012] KEHC 4239 (KLR)
- Parties
- Applicant: Republic; Defendant: Ephantus Mwiti Muthengi; Defendant: Mwenda Kaburu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2009
- Procedural Posture
- Criminal Case / Ruling on Defence
- Outcome
- Ruling delivered; further orders or directions to follow.
- Legal Topics
- Murder, Self Defence, Joint Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ephantus Mwiti Muthengi
Defendant
Mwenda Kaburu
Defendant
Procedural Posture
Criminal Case / Ruling on Defence
Legal Issues
- 1 Whether the accused persons unlawfully caused the death of Simon Karani.
- 2 Whether the accused persons acted in self-defence or with malice aforethought.
- 3 Whether the evidence supports a conviction for murder against either accused.
Ratio Decidendi
The court considered whether the accused persons' actions amounted to murder or whether self-defence was established. The evidence showed a fight between the deceased and the 1st accused, with the 2nd accused allegedly intervening. The 1st accused claimed he was attacked and responded with force to protect himself, subsequently reporting the incident to the police and seeking medical attention. The 2nd accused denied participation, asserting he was merely present. The court evaluated the credibility of the witnesses, the sequence of events, and the medical evidence. The central issue was whether the force used by the accused was reasonable and whether malice aforethought was present. The...
Court Disposition
Ruling delivered; further orders or directions to follow.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
ATMERU
Criminal Case 73 of 2009
REPUBLIC ……………………………………….. PROSECUTOR
VERSUS
EPHANTUS MWITI…………………..…………….1ST ACCUSED
MWENDA KABURU……………………………….2ND ACCUSED
RULING
The two accused persons EPHANTUS MWITI MUTHENGI (hereinafter the 1st accused) and MWENDA KABURU (2nd defendant) are jointly charged with murder contrary to section 203 of the P.C. The particulars of the charge are that on the 8th August, 2009 at Chuka Township in Meru South District they murdered Simon Karani.
The facts of the prosecution case were that PW1 Charity met with the deceased within Chuka Town at about 9 pm on the material night. He offered to buy her beer. PW1 stated that as they walked to the bar they met with the 1st accused whom the deceased alleged owed him 2,000/-.The deceased demanded to be paid his money by the 1st accused and instead a fight broke out between the two of them. The deceased slapped the 1st accused and the 1st accused retaliated. Both wrestled to the ground with deceased on top of 1st accused. That 2nd accused was passing by and he picked a stone and hit deceased with it. Then 1st accused picked a spade and hit the deceased all over the body before running away. The deceased was taken to his house by PW1, PW2 and another. He wife PW3 was not home. PW3 took him to hospital next day where he eventually died. The cause of death was found to be a severe head injury due to blunt frame.
The 1st accused admitted in his sworn defence that he met the deceased carrying a spade in company of two others. He said the three chased him before the deceased attacked and hit him with the spade repeatedly as his colleagues watched. That the 1st accused then took a pluck of wood with which he hit the deceased to protect himself. The 1st accused said he picked the spade then asked 2nd accused and one Karuga to escort him to the Police Station but they refused. He went and reported to the Police and was issued with a note addressed to Ministry of Health requesting that he be attended. The note was produced as Dexh1. The 1st accused also produced treatment notes as Dexh 2.
The 2nd accused denied the charge. In his sworn defence the 2nd accused said he heard noises near the stage and proceeded to find out what was happening. He said he saw the deceased with a spade and 1st accused with a pluck of wood both fighting. A third man, Muchanga ran away. The 2nd accused said he saw the 1st accused hit the deceased with the pluck of wood and the deceased sat down.
That one Mawira (PW1) who was present took the deceased away. The 2nd accused said he declined to escort the 1st accused to the police.
DATED SIGNED AND DELIVERED THIS 7TH DAY OF JUNE, 2012
LESIIT, J
JUDGE.