Republic v Mbaruk (Criminal Case 29 of 2014) [2026] KEHC 4647 (KLR) (10 April 2026) (Judgment)

Republic v Mbaruk (Criminal Case 29 of 2014) [2026] KEHC 4647 (KLR) (10 April 2026) (Judgment)

The prosecution failed to prove beyond reasonable doubt that the firearm recovered from the accused was the same firearm used to inflict fatal injuries on the deceased and to attempt to kill PW1, due to unresolved discrepancies in serial numbers and lack of forensic linkage.

Citation
[2026] KEHC 4647 (KLR)
Parties
Prosecutor: Republic; Accused: Nasor Suleiman Mbaruk
Court
High Court
Jurisdiction
Kenya
Judgment Date
10 April 2026
Case Number
Criminal Case 29 of 2014
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Murder, Attempted Murder, Firearms, Evidence, Burden of Proof
Source Language
English
Criminal Law Murder Attempted Murder Firearms Evidence Burden of Proof

Case Brief

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Parties

Republic

Prosecutor

Nasor Suleiman Mbaruk

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused caused the death of Police Constable Benson Moracha Monari with malice aforethought
  2. 2 Whether the accused attempted to cause the death of Police Constable Stephen Omondi Malele

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the firearm recovered from the accused was the same firearm used to inflict fatal injuries on the deceased and to attempt to kill PW1, due to unresolved discrepancies in serial numbers and lack of forensic linkage.

Court Disposition

acquittal

Orders

  • The accused is acquitted of murder and attempted murder under section 322 of the Criminal Procedure Code.