https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10808

Republic v Gichuru (Criminal Case E077 of 2022) [2026] KEHC 10808 (KLR) (14 July 2026) (Judgment) Neutral citation: [2026] KEHC 10808 (KLR) Republic of Kenya In the High Court at Meru Criminal Case E077 of 2022 HM Nyaga, J July 14, 2026 Between Republic Prosecution and Jediel Mutuma Gichuru Accused Judgment 1.The accused persons, Jediel Mutuma Gichuru and Eliud Kirimi Muriuki (now deceased), were charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, Laws of Kenya. The particulars of the charge were that on the night of 19th February 2022 and the morning of 20th February 2022 at Rwathi village, Karugwa sub-location in Imenti Central within Meru County, jointly with others not before court, the accused persons murdered Evanson Kirimania. 2.Both accused denied the charge and the case proceeded to full trial. 3.The 2nd accused died in the course of the trial and the prosecution withdrew the charge against him post-humously. 4.The first Prosecution Witness (PW1) was John Kinoti Munene. He stated that on 19th February 2022, he was at his home when at about 5:00 p.m., he saw his son Kirimania (the deceased) come to his house briefly and then leave. The following day, his wife, Jennifer Karimania, told him that she had received a phone call that their son had been found by the roadside. They proceeded to the scene and found the body of their son was lying beside the road at a place called Rwathi. He reported the matter to the police who removed the body to Meru Hospital mortuary. A postmortem was conducted in his presence, and the doctor said his son died of a head injury. He concluded by stating that he did not know how his son was injured. 5.PW2 was Pius Koome. He testified that on 19th February 2022 at about 8:00 pm, he was at his home in Rwathi. He saw a motorbike of one Kiora, which was carrying Kirimania (the deceased). The deceased was dropped at the home of Eliud Kirimi, and he saw Kirimi outside his house. He saw Kirimi (Accused 2) and Evanson enter the house. At about midnight, he heard a man screaming from the home of Kirimi, and it was the deceased. He also heard the voices of people he identified as Ronny Kimathi, Jediel Mutuma, Eliud Kirimi, one Mutuma, and Eliud Muriungi talking, and they are all from his village. They were asking the deceased about a TV. The deceased was then taken to the home of Jediel, which is about 50 meters from his house. He saw the deceased being pushed by Jediel. He also saw Jediel beat the deceased. He further stated he did not know what happened at the home of Jediel because the radio was on high volume. At about 3:00 am, he heard some noises and saw the team that had been with the deceased. He saw Jediel beating the deceased outside his gate. The deceased was carried away and he went to sleep. At 6:00 am, he heard some screams and he went to the road, and found the deceased lying dead. 6.The witness stated that after his release on bond Jediel threatened to kill him, and so he reported the matter to the police at Githongo. 7.PW3 was Charles Munene Kiambati. He testified that on 20th February 2022, he was at his shamba to check on the irrigation to the tea farm. When he got there, he heard screams coming from the nearby road. He went there and he met Eliud Muthori Nkonge who was coming from the direction of the screams. Eliud informed him that one Kirimania lying on the road. He went to the scene and saw the said Kirimania, who appeared dead and had bruises on his body. His clothes were torn and bloodstained. 8.PW4 was Kiora Mungania. He testified that Kirimania (the deceased) was his neighbor. That on 19th February 2022 at about 4:00 pm, the deceased passed by his home and they went to Kariene Market. After attending a president's meeting, they went to a bar and left there at 8:00 pm. They left by his motorcycle, and because the deceased was riding it, he did not alight at his home. He alighted outside the home of Kirimi (Accused 2) and he left him at the gate. At about 02:30 a.m., the 1st accused called him on the phone and asked him if he was with Kirimania (the deceased). When he confirmed he wasn't, the 1st accused disconnected the call. The following morning, he was informed that the deceased was murdered. 9.PW5 was Police Corporal Joshua Sila. He testified that on 20th February 2022, a murder case was reported at Githongo Police Station, where he was stationed, by a chief, who said there was a dead body of a male adult lying on a public road. He visited the scene and noted that the body that had injuries. He took it to the mortuary. Photographs of the scene were taken. 10.The witness stated that in the course of the investigations he found that it was alleged that the deceased had allegedly stolen a TV belonging to Eliud Muthomi, and had been assaulted. He recorded witness statements and had the accused persons charged. 11.The accused tendered sworn evidence and called witnesses. 12.DW1 was Ephantus Mutuota. He told the court that on 19th February 2022, he was in a farm with his wife Salome and labourers. The accused's wife, Purity, had requested them to prepare food for a get-together on the 20th. He got there at around 7:00 PM, and they prepared ingredients. A few minutes before 2:00 AM, he heard some people calling out Jediel's name at a gate where he asked DW1 to accompany him to the gate. He saw a group of people including Eliud Kirimi, Evanson Kirimania, and another he did not know. One man that he did not know asked Jediel in a threatening tone if he had spent the day with Evanson. Jediel told him that he had given Evanson work to split firewood for him. The man asked Jediel if Evanson had been given any TV set. Jediel told them that Evanson had done his work and he had paid him. That person said the deceased had left to see Kiora. The person at the scene asked Jediel to call Kiora and use the speaker. Kiora told Jediel that Kirimania had been to his home at 4:00 pm. That at 9:00 pm he had dropped Kirimania at the gate of Eliud Kirimi. The men left the house. DW1 and his party left the homestead at 2:30 am. 13.DW2 was Salome Mwari Miture. She testified that at around 7.00 pm she went to the home of Purity with Ephantus. They went to help Jediel to prepare ingredients for an upcoming function. At around 2:00 am, a group of men came. Although she did not go to the gate, her husband accompanied the accused. They left their home at 2:30 am. 14.DW3 was Purity Makena, the accused’s wife. She testified that they were at home. The deceased came to assist them fetch firewood. At 3:30 pm, her husband paid him and he left. In the evening Ephantus & Salome came to assist with preparation of the ingredients. At around 1:40 am, she heard people at the gate. They called her husband who left with Ephantus. The two came back after some minutes. At 2:30 a.m., Ephantus & Salome left. On the next day, as she was taking milk to the dairy, she saw people by the bush and they told her that Kirimania had died. She confirmed that they participated in his funeral & burial. 15.DW4 was Abraham Mburugu. He testified that Jediel was a friend to Kirimania. Regarding the land case, he recalled that in 2020 there was a dispute between Pius & Janice. He attended a family meeting to initiate defense. The minutes were shared between both Jediel & Pius. Pius & Janice had refused to have the land subdivided. Despite the reconciliation, dispute did not end. 16.DW5 was the 1st Accused. He testified that on 19th February 2022, he was at his home when the deceased came to help him split firewood. After he did the work, he paid him at around 3:30 pm, after which the deceased left his premises safely. At around 1.30 am, he heard someone call out his name from the gate. Together with Ephantus, they went to see what was going on. He met several people who included Kirimi, Evanson (deceased), Eliud and Duncan. The men who were with the deceased questioned him about the deceased’s whereabouts that day and he responded accordingly. Then he called David who confirmed that he had been with the deceased until 9.00 pm that evening. In the morning he learnt of the death of the deceased. 17.He added that the deceased was buried after a week, and he openly attended the burial. He denied that he fled after the incident. Analysis and Determination 18.I have carefully considered the evidence adduced by both the prosecution and the defense, alongside the written submissions. 19.In any criminal trial, the burden of proof rests squarely on the prosecution to prove its case beyond a reasonable doubt. 20.The critical ingredients of the offence of murder are:(a)The death of the deceased;(b)That the death was caused by an unlawful act or omission;(c)That the accused committed the said unlawful act.(d)That the Accused acted with malice aforethought. 21.The cause of death was found to be severe head injury secondary to blunt force trauma. The pathologist found that the deceased’s body had multiple injuries. 22.The only evidence that incriminated the accused was that of Pius Koome (PW2). He told the court that he saw the deceased being beaten by the accused. He did not go to details as to the nature of the beating. He then saw the deceased being taken to the home of the accused. He did not know what really transpired after that. In the morning he learnt that the deceased had passed on. 23.The defense witnesses independently corroborate that the accused was inside his home preparing food ingredients for a get-together from 7:00 p.m. until Ephantus and Salome departed at 2:30 am. 24.Crucially, the defense testimonies detail a crowd arriving at the Accused's gate around 1:40 am demanding to speak with Jediel concerning a missing television. The speakerphone call made in the presence of DW1 to Kiora (PW4) established that the deceased had been dropped off safely at the 2nd Accused’s home hours earlier. 25.The evidence of Pius (PW2) seems to coincide with the accused’s own account of events that the deceased was taken to the latter’s home that night. Pius claimed that he saw the accused assault the deceased. He did not specify the nature of the assault. The evidence that comes out is that a group of villagers were holding the deceased over a missing television set. Apparently, they went to the accused’s home to confirm if he had been with the deceased that day, which he did. 26.Although Pius may have been honest, he may also have been mistaken as there were many people at the scene. The injuries on the deceased appear to have been caused by a brutal attack on him, probably by many people. Pius identified the accused as having pushed the deceased, but could not tell what he used to assault the deceased. 27.Pius confirmed that he had a land dispute with the accused, and in singling out the accused as the only person he saw beating the deceased, that evidence must be treated with an element of caution. 28.In my view there was need to avail more evidence to corroborate what Pius told the court. 29.Where a prosecution case relies on testimonies that emerge from a background of pre-existing animosity, vendettas, or unresolved land feuds against an accused person, the court must approach those claims with extreme caution. The documented friction between these parties creates a highly plausible motive for fabrication, casting an immutable shadow of doubt over PW2's narrative. 30.While the prosecution has proved that a tragic homicide occurred, it has merely created a cloud of suspicion around the Accused. As was reiterated in Sawe v Republic (2003) KLR 364, suspicion alone, however strong, cannot provide the basis of inferring guilt. The evidence must be overwhelming and point clearly to the guilt of the accused. 31.In this instance, I am f the view that the prosecution case has failed to reach the requisite threshold and the accused has to be given the benefit of the doubt. He is hereby acquitted of the offence charged. He is set at liberty, unless otherwise lawfully held. DATED, SIGNED, AND DELIVERED AT MERU THIS14TH JULY 2026.H.M NYAGA JUDGE