https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11350

Republic v Mugure (Criminal Case 18 of 2019) [2026] KEHC 11350 (KLR) (10 July 2026) (Judgment) Neutral citation: [2026] KEHC 11350 (KLR) Republic of Kenya In the High Court at Nyeri Criminal Case 18 of 2019 M Muya, J July 10, 2026 Between Republic Prosecution and Peter Mwaura Mugure Accused Judgment 1.Peter Mwaura Mugure hereinafter referred to as the Accused is charged with (3) three counts of murder contrary to section 203 as read with section 204 of the penal code.The charges are particularized as follows; Count I 2.Peter Mwaura; On the 26th October, 2019 at Laikipia Air base in Nanyuki town within Laikipia county, jointly with others not before the court, murdered one Joyce Syombua Maua. Count II 3.Peter Mwaura Mugure; On the 26th October, 2019 at Laikipia Airbase in Nanyuki town within Laikipia county, jointly with others not before the court murdered one SMM Alias SM. Count III 4.Peter Mwaura Mugure; On the 26th October, 2019 Laikipia Airbase, in Nanyuki town within Laikipia county jointly with others not before the court murdered one PMJ Alias PM. The facts in brief 5.After the Accused was certified fit to plead. He entered a plea of not guilty and the case proceeded to full hearing and determination. 6.The prosecution called a total of 26 witnesses and produced voluminous documentary evidence.The Defence called one witness who is the Accused. 7.Numerous applications were made on the issue of jurisdiction of this court on the case of murder vis-à-vis an officer of the armed forces and who should conduct investigations thereto. Having made rulings on that issue, I find no great need to re-visit the issue of jurisdiction again. 8.The prosecution has endeavored to extricate and single out the genesis and the motive behind the murder of a mother and her two children. 9.The Deceased Joyce Syombua Maua had befriended the Accused with whom they bore two children SM and PMJ. This relationship did not survive for long. At some point the Accused started doubting paternity of the children. This dispute formed the subject of civil court proceedings in Milimani Children’s Court Case No. 255 of 2019 JSM vs. PMM (Pexh. No. 7) 10.In essence the applicant had approached the court for purposes of maintenance of the children. The Respondent (now the Accused) complained that the applicant was unfaithful and he was doubtful of paternity. The court ordered for a DNA test which was conducted on 3rd April, 2019 and it was confirmed that the Defendant (now the Accused) was the father of the two children. The court went further and delivered a judgment on the 9th August, 2025. The applicant was granted custody of the children and the Defendant was given access rights. The Defendant was ordered to pay the applicant maintenance at Ksh. 25,000 per month. 11.According to the evidence of Elizabeth Maua Malombe (PW2) who is the mother of the Deceased Joyce Syombua only one payment was made by the Accused towards the maintenance ordered by the court. 12.It is instructive to note that the judgment was made on 9th August, 2019 and the murders were committed on 26th October, 2019 barely three months later. 13.It is not in dispute that on the 25th October, 2019 Joyce Syombua and her two children SMM and PMJ travelled from Nairobi to meet the Accused at Nanyuki Airbase. This information was given by Syombua to her mother (PW2) and her friend Farizanah Syombua Katemi (PW4). The Accused does not deny that the three Deceased persons visited him at his place of work as alleged by the prosecution. 14.Farizanah Syombua Katemi (PW4) in her evidence testified of her friendship with Syombua which started from the High School days. The Deceased had informed her that she was visiting the Accused at Nanyuki together with her children. She was in constant communication with the Deceased all the way to Nanyuki after escorting them to the bus stop in Nairobi. 15.The journey to Nanyuki is further corroborated by Pexh.17 Mpesa record which shows that the Accused send the Deceased Ksh.2030 on 24th October, 2019. 16.The Deceased arrival at Nanyuki Airbase is not denied and is corroborated by call data from the mobile phone of the Deceased and that of her friend. Evidence from the phone call data show that on 25th October, 2019 at 10.12.30pm the Deceased send message to PW4 to the effect that they had arrived and security was alright. 17.On 26th October, 2019 at 9.31.38am the Deceased texted PW4 and informed her that they were taking tea. At 11.21am she texted PW4 and informed her that the Accused had left with the children saying he was showing them the base. At 11.23.57am she texted PW4 informing her that the Accused had returned. At 11.24.57 am she texted we are leaving for Chaka. At 6.31.39pm PW4 texted the Deceased inquiring about the children whether they had returned but there was no answer. There was nil answer when PW4 texted at 7.27.34pm and 8.45.34pm. 18.A simple analysis of the above call data goes to show that the Accused on the 26th October, 2019 in the morning after breakfast at around 9.30am left with the children to an undisclosed place and returned at around 11.24am without them. Immediately after returning he informed the Deceased that they were going to Chaka. 19.At around 7.27.34pm the Deceased phone went off. Upon inquiring from the Accused, PW4 was informed that he had escorted the family to pick a matatu for transport to Nairobi. 20.The fact of lack of communication between PW4 and the Deceased forced her to make a report to police the following day of missing persons. This report was made at Soweto police station Kayole vide OB. No. 25/27/10/2019. Collins Pamba (PW1) was charged with the murder of the Deceased persons. He plea – bargained, was convicted and sentenced to serve an imprisonment term. He offered to testify against the Accused in this case. He was a casual worker at the Nanyuki Airbase and was known to the Accused person as he used to clean his room A3. On 26th October, 2019 in the evening, the Accused approached him and asked him to accompany him to room A4 which the Accused gained access by the use of a key. Inside room A4 he saw two bodies, one with a clean shaven head and another with plaited hair, there were two gunny bags. They looked like bodies of children. He was instructed under pain of death to help in the disposal of the bodies. He wrapped the bodies with the gunny bags and took them and placed them in a boot of motor vehicle registration No. KCP 740 F which was parked near Block A. 21.In room No. A3 belonging to the Accused, they retrieved the body of a lady and inserted it into two bags and placed it on top of the other two bodies in the boot of the car outside. The car was driven outside the Base without inspection and proceeded to a dumpsite where a shallow hole had already been dug. A jembe and spade were retrieved from the car and covered the bodies with soil. Upon finishing the mission PW1 was taken near Thingithu area and the Accused returned to the Airbase. 22.Thereafter on the 28th October, 2019 he presented the Accused with his curriculum vitae (Pexh. 4) for purposes of him securing him a Job in the force during the next recruitment exercise in exchange for the favour PW1 had extended to him in the disposal of the bodies. The said documents were recovered by PW5 in the room of the Accused. 23.Later in mid-November, 2019 police officers visited his house and recovered the spade, (Pexh.I) jembe (Pexh. 43) muddy shoes (Pexh. 2) and prepared an inventory Pexh. 3) 24.Peter Maina Mwangi (PW2) was a mechanic and operated taxi services at Nanyuki. He testified that on the 26th October, 2019 he drove the Accused to the dumpsite. He was booked at the main gate (Pexh. 47) and (48 (a)(b). They later proceeded to Laikipia Airbase and entered into room A3 where he found a lady. The Accused requested him to help kill the lady but he declined instead he suggested who to help him. The Accused informed him that he was proceeding to Kirimara Springs with the lady. Later on 14th November, 2019 he received a call from the Accused, who issued him with threats stating that he should not divulge any information to police and he decided to obey the orders. 25.Major Fredrick Lanjah (PW6) is an officer attached to Laikipia Airbase. He knew the Accused as he was in-charge of training junior officers. He was residing in room A1 while the Accused was residing in room A3. 26.On the 25th October, 2019 the Accused was the duty officer at the Base. He testified to have met a lady at the corridors and assumed she was a visitor for the Accused. In the morning he found a tyre at the corridor near A3 which appeared rather out of the ordinary (Pexh. 10). 27.It was his evidence that they were the only officers at Block A as the others were busy preparing for Mashujaa day celebrations and that the occupant of room A4 was not present. 28.CPL Mwanzia, (PW11) Snr. Sgt. Susan Wanjiku (PW12) testified to have been on duty at the control gate on 15th October, 2019 when the Accused returned at the Airbase with a lady and two children. 29.Sgt. Private Nabide was based at the officers’ mess. He testified to have served the Accused with three plates of food which he took to room A3. 30.He further testified to have seen PW1 (Collins Pamba) washing the Accused’s car on 27th October, 2019 which was a Sunday. 31.CPL. Randa (PW15) testified to have been on duty on the 25th October, 2019 at the Barrier gate near the officer’s mess when he saw the Accused return to the Base in the company of a lady. The following day, he saw the Accused leave the Base while in the company of a man and returned at around 2.00am alone. 32.David Mwangi Wambugu (PW7) is a supervisor at Kirimara Springs Hotel Nanyuki, he testified that on the 26th October, 2019 he served the Accused who was in the company of a lady wearing a white trouser with lunch and he paid by Mpesa. He knew the Accused as a regular customer at the hotel. 33.Dr. Nganyor (PW17) is a government chemist who on 22nd November, 2019 received exhibit memos No. 681/2019,685/2019 and 686/2019 from PW 22. Instructions were to examine the internal organs of the bodies and ascertain whether there was poisoning. Upon examination the results were negative. 34.Dennis Owino Onyango (PW18) is also a government chemist. On 22nd November, 2019 he received an exhibit memo from police which was accompanied by soil from a body bag soil from a grave and controlled sample, black shoes, jembe and spade with instructions to compare soil sample on the items with that of the controlled sample. Upon analysis he concluded that the soil was from the same area Pexh. 12 (b). 35.Joyce Kiboro PW19 is also a government chemist. On 22nd November, 2019 she received an exhibit memo also from police. It was accompanied by finger nails, cartilage sample, blood swabs with instructions to examine genetic relationship through DNA analysis. Upon examination she compiled a report) (Pexh. 2 (C). It confirmed that the adult female victim was 99.9% biological daughter of PW2 and 99.9% biological mother of the children victims. 36.Snr. Sgt. Reuben Manyara (PW20) a scene of crime officer took photographs of the Accused motor vehicle, the bodies of the victims, the gunny bags, bodies in the morgue, the restaurant, grave site - all 22 in number. They were produced as exhibit 13 and 13 (a). 37.C.I. Maryanne Mwikali Musyoka (PW21) is a forensic analyst specializing in crime scene analysis. She took pictures of the officer’s mess, parking lot, motor vehicle belonging to the Accused, Block A rooms A3 and A4 documentation of victim bodies A, B, C grave side. She produced the photographs and the forensic crime report Pexh. 14, 14 (a) – (g) and certificate (Pexh. 15) 38.Dr. Jahansen Oduor PW23 is the chief government pathologist. He conducted the post mortem examination of the three bodies. The bodies were decomposing and had maggots indicating that they had been buried for a while. The exact time of death could not be discerned. 39.As regards the body of PM, it had bruises on the chest, ligature of the neck, bruises on the thyroid region and concluded the cause of death as a result of strangulation. 40.As regards Joyce Maua, he observed that the body had bruises on the face, left side of reaching skull below right ear, fractured skull, bleeding on the brain. He concluded that the cause of death as blunt force trauma. 41.In relation to SMM, Maua the doctor observed ligature on the neck, bruise right and mid forearm ampulated bite marks from animals after death, bleeding of the neck fractured thyroid bone. He concluded that the cause of death was ligature strangulation. 42.Daniel Hamisi (PW 25) is a Safaricom Liaison officer attached to the security department. Upon receiving a letter of request from police he identified and produced Safaricom records which included call logs, Mpesa transactions details short messages and registration details from mobile numbers of the victim, PW1, PW2, PW4 and the Accused. They were produced as exhibits for the prosecution No.s 15(a) – (d), 17 (b) 18 (a) and (b) 19 (a) and (b) 20(a) and (b) 21, 22, 23, 24, 25, 26, 27, 29, 30, 51 and the electronic certificate Pexh. 31. 43.The Accused operated two lines that were registered in his name. The victim (Syombua) had two lines in her mobile phone. 44.Upon analysis, the officer was of the view that on the 25th October, 2019 the Accused is shown to have been at Thingithu area at around 01.33am. Thingithu area is where the bodies of the victims were buried in shallow graves. 45.On 26th October, 2019 both the phones of the Accused and the victim Syombua were active from the morning hours to around 18.16 hours before the victim’s phone went dead while at the barracks premises near that of the Accused. 46.C.I. Joseph Kulum (PW26) is a cyber-crime expert attached at the DCI headquarters. He was requested by (PW 22) vide exhibit memos dated 30th November, 2019 Pexh. 33 (a) – 14) to recover messages from the mobile phones of the Accused, the victims and that of PW4. 47.From the dead victim’s phone (Pexh. 6) he was to extract messages and produced the extraction report (Pexh. 42 (a) (b) and (c). 48.He recovered messages from phones belonging to PW2, PW4 and that of PW1. They were produced as Pexh. 34, 39 and 41 extraction reports were produced as Pexh. 35 (a) and (b) and certificates as Pexh. 38 (a) and (b) and 40 (a) and (b). 49.However, the witness was not able to recover messages from the Accused mobile phone (Pexh. 9) as they had been deleted. The recovered data was from the Sim cards and not the phones themselves. 50.The investigating officer upon going through the statements of the witnesses and the exhibits came to the conclusion that it is the Accused who committed the murder of the three victims and was helped to dispose off the bodies with the help of PW1 Collins Pamba. 51.That some of the exhibits namely a jembe, spade and black shoes which were recovered from the house of PW1 upon forensic examination had soil which was similar to that found at the shallow graves which placed PW1 at the scene. 52.He also gathered evidence to the effect that the Accused left the camp on 26th October, 2019 with his wife and had lunch at Kirimara Springs at Nanyuki town and returned to the Base with her but she never left the Base alive. 53.DNA examination by the expert showed that the two children belonged to the Deceased and the Accused. The Law, Analysis and Determination 54.Section 203 of the Penal provides as follows;"Any person who of malice aforethought causes death of another person by unlawful act or omission is guilty of murder." 55.Section 206 of the Penal code provides as follows;‘Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances;‘a)an intention to cause the death of or to do grievous harm to any person whether that person is the person actually killed or not.b)knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person whether that person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous harm is caused or not or by a wish that it may not be caused.c)an intent to commit a felony.d)an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony. 56.In the case of Antony Ndegwa Ngari vs. Republic (2014) eKLR the Court of Appeal identified three ingredients to be proved in a case of murder;a.That death of the Deceased.b.That the Accused committed the unlawful act which caused the deaths of the Deceased; andc.That the Accused had malice aforethought. Death of the Deceased Persons 57.Though the Accused denies having married Joyce Syombua Maua. There is DNA evidence to the effect that they were in a relationship which produced two children namely SMM and PMJ. 58.The first DNA test was conducted upon orders by the Milimani Children’s Court. The Accused after contesting paternity was found to be the father of the two children. 59.In the course of investigations, a government chemist Joyce Riboro conducted a further DNA examination of the victims’ bodies and ascertained that the bodies belonged to Joyce Syombua and her two children SMM and PMJ. The three bodies were exhumed from a shallow grave at Thingithu area of Nanyuki. An autopsy was conducted by the chief pathologist Dr. Johansen Oduor (PW22) Cause of death of Joyce Syombua was as a result of blunt force trauma whereas her two children were strangulated.The three Deceased persons did not die from natural causes. Whether the Accused Committed an Unlawful Act Which Caused the Death of the Deceased Persons 60.Collins Pambe (PW1) was the prosecution star witness. He did testify at length of how the Accused called him while at the Airbase and told him to go to his house. Instead they proceeded to room A4. He opened the room by the use of a key. He proceeded to the bathroom and the witness observed a body lying on the ground in a transparent gunny bag. There was another body at the bath tub with a shaven head. The other one had a plaited head both were of small children. He was instructed to help the Accused take the bodies into the boot of the Accused persons’ car registration number KCP 740 F parked outside. Thereafter, they proceeded to the Accused room A3 where he observed another body. This one was of a lady dressed in white trouser. They used two gunny bags to cover the head and the legs. They placed the third body on top of the two others. They used ropes to tie the gunny bags. They left the Base uninspected and proceeded to a dumpsite where there was a shallow grave and dumped the bodies there and covered them with soil. 61.At this stage, it is incumbent for the court to warn itself that PW1 was an accomplice after the fact and further that he did plea bargaining as a result of which he was charged with a lesser offence and upon conviction was sentenced to five (5) years imprisonment. The plea bargaining could have been anchored on him testifying against the Accused. It is therefore, necessary to establish whether there is sufficient evidence to corroborate that of Collins Pamba. 62.The court bears in mind the motive provided by the prosecution. The Milimani Children’s Court Case No. 255 of 2019 Joyce Syombua Maua vs. Peter Mwaura Mugure. Where the Children Court granted Joyce Syombua maintenance of Ksh. 25,000 monthly. The Accused made only one payment. Barely three months after the judgment was delivered the Accused managed to convince Joyce Syombua to visit him at Nanyuki Airbase together with their children. She did visit him on the 25th day of October, 2019 together with their children. The Accused does not dispute this fact. 63.From the evidence adduced by Farizanah (PW4) a friend of Joyce they were in communication throughout the period of 25th October, 2019 and larger part of 26th October, 2019 when at about 6.31.39pm Joyce phone went dead. It is instructive to note that PW1 did testify that the Accused called him that evening to help him dispose the bodies. 64.The Accused himself does not dispute the fact that on 26th October, 2019 he left with Joyce Syombua and proceeded to Kirimara Hotel where they had lunch returning at around 6.00pm. When the Accused was asked the whereabouts of the children he said that he handed them over to a friend of Joyce but he did not know her name. He could not have handed them over to somebody else when the bodies were found in an adjacent room to his and room A3. 65.Whereas the witnesses manning the Airbase gates saw the Accused in the company of his wife and children enter the base, they did not see the Deceased persons leave the facility. Whether the Accused had malice aforethought. 66.Section 206 of the penal code defines malice aforethought thus;a.an intention to cause the death of or to do grievous harm to any person whether that person is the person actually killed or not. 67.It is in evidence that the relationship between the Accused and Joyce Syombua was in the doldrums. The Accused was of the view that she had befriended other men. That is why he had asked for a paternity test. Thereafter he lured the Deceased to his place of work at Nanyuki and enlisted the help of PW1 in disposing off the bodies. 68.The two children died of strangulation and their mother sustained a head injury by blunt force trauma. The force used to kill the three was brutal and was intended to kill or maim. 69.I have gone through the evidence by the Defence and their submissions. It is noted that the gist of the defence is that the Accused was framed for the offence of the three murders. It also questions the process of the arrest and subsequent arraignment in a civil court. 70.It is the contention by the Defence that nobody saw the Accused kill the three Deceased persons and therefore, the evidence before the court is purely circumstantial in nature. The defence places reliance on the case of;Joan Chebii Sawe vs. Republic (2003) eKLRSimon Musoke vs. Republic (1958) EA 715Republic vs. Sulueima Ali (2021) eKLRKipkesing Arap Koske & Another vs. Republic (1949) 16 EACA 138 71.On circumstantial evidence which must be proved (a) if it is firmly and cogently established. 72.Points irresistibly to the guilt of the Accused and no one else.Form a complete and unbroken chain. 73.The Defence points out the gaps in the prosecution case;a.the impossibility of smuggling three dead bodies from a highly secured military establishment.b.illegal and unlawful arrest.c.no known place or time of death.d.recovery of Deceased lady’s phone devoid of explanation.e.no proof of marriage or cohabitation.f.no proof of alleged non-compliance with Children Court orders.g.multiple alternative possible perpetrators with motive means and opportunity. 74.On the gaps alluded to by the Defence;a.impossibility of smuggling three dead bodies from the Airbase.It is not in dispute that the Accused was the duty officer at the time. The men manning the gates were his juniors. They did testify in court that they were punished by the authorities for their negligence on the day in question.b.As to the issue of illegal arrest. A report was made at Kayole police station by the mother of the Deceased that she was missing after visiting the Accused at Nanyuki Airbase. The Accused was handed over to civil police by the military police.c.On the issue of known place and time of death. The bodies were seen by PW1 at Room A4 and A3. A3 was the room occupied by the Accused. A4 was occupied by another officer who was not present at the time.d.Recovery of the Deceased phone. This phone was recovered in a matatu at Nanyuki stage. It is not clear who and how it was taken there.e.No proof of marriage or cohabitation. The Children Court at Milimani deliberated on the issue of paternity and the Accused was found to be the father of the children.f.No proof of alleged non-compliance with the Children’s Court decree. The mother of the Deceased PW2 and Forizanah testified in court that only one payment towards maintenance was made.g.Multiple alternative possible other perpetrators of the unlawful act. 75.It is the Accused who lured the three Deceased persons to his place of work. They spend the night in his house. Food was taken to them by witnesses. The following day he was seen in the company of Joyce at Kirimara Springs Hotel. Her body was later seen by PW1 when loading it into the boot of the car belonging to the Accused. The spare tyre had been removed to create space for the bodies. 76.In this case there is both direct and circumstantial evidence. I find no good reason to fault the evidence of Collins Pamba (PW1). 77.The evidence by the prosecution irresistibly points to the guilt of the Accused. He alleges that he had escorted Joyce and her children to the bus stage but nobody seems to have seen him do that. Whereas it is the prosecution to prove its case beyond reasonable doubt. Section 107(i) of the Evidence Act provides;"Whoever desires any court to give judgment as to any legal right or liability dependant on the existence of facts, which one asserts, must prove those facts exist." 78.It is not enough for the Accused to allege that he escorted the three Deceased persons out of the Base and took them to a bus stage for their onward journey to Nairobi. He had facilitated their journey to Nanyuki by sending them bus fare. When they arrived at the Base they were seen by the officers manning the gates. Nobody at the gates saw them leave the Airbase. The Accused had custody and control of his wife and children while at the Airbase. He was the only one duty bound to facilitate their exit therefrom. Instead evidence shows that he murdered them, stuffed their bodies in gunny bags and tied them in the boot of his car and buried them at an area called Thingithu. He had visited the area before in the company of PW3. They visited the nearby sewerage company on 23rd October, 2019 using his vehicle KBX 196 C. The company’s register was produced as Pexh. 48 (b). This goes to show that the Accused had hatched the plan to murder the Deceased persons before the act before ensuring that he had a hidden and secure place to bury them. The evidence of Peter Maina Mwangi corroborates that of Collins Pamba (PW1) in all material facts. He had been approached by the Accused to help him in killing Joyce Syombua but he declined and suggested somebody else. 79.Senior Sgt. Ochieng Odoyo (PW16) did testify that Peter Maina Mwangi (PW3) the taxi man did access the officers mess on 26th October, 2019 at around mid-day to visit the Accused in room A3. This is the same witness. The Accused is said to have approached to kill the Deceased. The defence finds fault with the evidence of this witness as his evidence was not verified by call data records. While that verification may be necessary it is not mandatory as verification can be made through other avenues and or records. 80.Having gone through the evidence adduced by the prosecution and the defence, I am satisfied that the prosecution has proved its case beyond reasonable doubt in all the three counts of murder contrary to section 203 as read with section 204 of the penal code and I convict the Accused accordingly on the (3) three counts of murder. JUDGMENT READ & DELIVERED THIS 10TH DAY OF JULY, 2026............................MARTIN M. MUYAJUDGEIn the Presence of:Mrs. Kariu – For the ProsecutionGori – For the AccusedCourt Assistant - Kinyua