[2025] KEHC 8026 (KLR)

[2025] KEHC 8026 (KLR)

The court found that the prosecution had proved beyond reasonable doubt that Mary Wanjiku Gatungu intentionally caused the deaths of her two children. The evidence was entirely circumstantial but was consistent, conclusive, and excluded any reasonable hypothesis other than the accused's guilt. The post-mortem...

Source-derived case information.

Citation
[2025] KEHC 8026 (KLR)
Parties
Applicant: Republic; Defendant: Mary Wanjiku Gatungu
Court
High Court
Court Station
High Court at Nyandarua
Jurisdiction
Kenya
Judgment Date
10 June 2025
Case Number
Criminal Case E021 of 2024
Procedural Posture
Criminal Case / Judgment
Outcome
guilty and convicted of murder
Judges
KW Kiarie
Legal Topics
Murder, Malice Aforethought, Circumstantial Evidence, Burden of Proof
Source Language
english
Criminal Law Murder Malice Aforethought Circumstantial Evidence Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mary Wanjiku Gatungu

Defendant

Procedural Posture

Criminal Case / Judgment

  1. 1 How did the incident that led to the death of the deceased occur?
  2. 2 Did the accused cause the deaths of the deceased children?
  3. 3 If she did, were the deaths accidental or premeditated?

Ratio Decidendi

The court found that the prosecution had proved beyond reasonable doubt that Mary Wanjiku Gatungu intentionally caused the deaths of her two children. The evidence was entirely circumstantial but was consistent, conclusive, and excluded any reasonable hypothesis other than the accused's guilt. The post-mortem findings established that the deaths were caused by asphyxia due to neck compression and covering pressure to the nose and mouth, which could not have been accidental. The accused's denial was unconvincing and unsupported by the evidence. The court held that malice aforethought was established, as the killings were premeditated and brutal. The prosecution met the legal threshold for...

Court Disposition

guilty and convicted of murder

Orders

  • The accused, Mary Wanjiku Gatungu, is convicted of murder on both counts.