[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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Wanjiku Gatungu
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 How did the incident that led to the death of the deceased occur?
- 2 Did the accused cause the deaths of the deceased children?
- 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.
Full Case Text
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