https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8007

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYANDARUA** **CRIMINAL CASE NO. E003 OF 2023** **REPUBLIC...........................................................................................................PROSECUTOR** **VERSUS** **PETER NJUNGE NGUGI…………..........................................................................ACCUSED** **JUDGMENT** 1. Peter Njunge Ngugiis charged with murder contrary to section 203, as read with section 204 of the Penal Code. 2. The particulars of the offence are that on the 8th day of October 2023, at Kitiri location, North Kinangop Sub-County within Nyandarua County, he murdered Joseph Ngugi Kinyanjui. 3. The circumstances of this case are unusual. The prosecution claims that after the accused complained about a smell in his father’s house, he had a verbal dispute with his father, the deceased. Out of anger, the deceased posted a sign to sell the house. The accused then stabbed his brother and caused fatal injuries to the father. 4. Peter Njunge Ngugi, the accused, elected to remain silent after the prosecution closed its case. 5. The issues to be resolved are: a) whether the prosecution has provided sufficient evidence to connect the accused to the deceased's death; and b) whether the murder charge has been established against him. 1. Peter Ndung’u Ngugi (PW1) is the accused's brother. He was at home when the incident occurred. The accused stated that they left the house dirty and with an odour. He also mentioned that his father’s bedroom was smelly and that his father should clean it. Their father responded that anyone who thought the house was dirty should be the one to wash it. 2. The accused then removed the beddings from the house and said that if the house wasn't cleaned, no one would be allowed to sleep there. This apparently angered the deceased, who then put up a poster to sell his home. 3. When PW1 approached the tap, the deceased suddenly came from behind and stabbed him. The accused then went into the house, and PW1 shouted to warn his father that the accused was holding a knife. He entered the house and found his father on the floor, attempting to kick away the knife held by the accused. Seeing him, the accused turned and stabbed PW1 twice. He hurried out and bolted the door, leaving the accused and the deceased inside the house. He raised an alarm. 4. CPL. Bonface Ributhi (PW4) was among the officers who responded to the scene. He stated that upon arrival, they encountered a large crowd and saw a pool of blood outside a permanent house where the deceased was lying on the ground. They were also told that the accused was hiding in the ceiling. 5. When police officers attempted to arrest the accused from his hideout in the ceiling, he threatened to stab them. PW4 testified that they had to call for reinforcement. Upon the arrival of the other officers, the accused was arrested and disarmed. 6. The evidence presented against the accused was overwhelming, clearly indicating that he stabbed the deceased, resulting in his death. Therefore, I find that the accused is responsible for causing the death of the deceased. 7. To secure a conviction based on the evidence on record, the prosecution must establish the presence of malice aforethought. In **Black’s Law Dictionary, 10th Edition**, malice aforethought is defined as: ***The requisite mental state for common-law murder, encompassing any one of the following (1) the intent to kill (2) the intent to inflict grievous bodily harm (3) extremely reckless difference to the value of human life (the so-called “abandoned and malignant heart”), or (4) the intent to commit a dangerous felony (which leads to culpability under the felony-murder rule).*** 1. Section 206 of the Penal Code gives instances when malice aforethought may be proved. It provides: 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 bodily 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.*** 1. Dr Titus Ngulungu performed the post-mortem on the deceased's body. He concluded that the cause of death was chest and vascular injuries with blood loss, involving the lung, resulting from multiple stab wounds to the head, chest, and abdomen. 2. Dr Erica Adagala, a consultant psychiatrist, examined the accused. This is what the report read in part: ***On further enquiry and from the accused and the brother, the history is similar to what was written on 28th May, 2024.*** ***He is the 4th born of 5. Not married and no children. He studied up to diploma level for a course in Automotive Engineering at RVIST and training at NYS.*** ***It is reported that he completed his schooling without issues. However, he developed what seemed to be aggressive behaviour, including social isolation, and an inability to hold conversations like someone who is under the influence of drugs. However, the accused denied the use of substances other than cigarettes.*** ***He has previously been arrested four times; the one before this was due to stabbing an elderly neighbour, but the family dropped the charges.*** ***Mental State Examination*** ***I found a calm man who seemed aloof. Rapport was well established. He was not answering questions appropriately. His thought process and speech seemed somewhat disorganized. His mood was fine, though his affect seemed restricted. His cognition was fairly intact. His insight seemed somewhat lacking, as he could not fully accept some of the past issues raised by his brother, nor fully understand the nature of his behaviour.*** ***Conclusion*** ***The above-named Peter Njunge Ngigi seems relatively fit to plead. He does not portray any grossly abnormal psychiatric symptoms. However, he might be suffering from antisocial and/or schizoid personality disorder.*** ***This is a patient who might have a high likelihood of breaking rules and disregarding the rights of others, as well as being prone to lying.*** ***He might require further psychological and psychiatric assessments.*** 1. After reviewing all the evidence and medical reports concerning the accused, I have concluded that his mental capacity was diminished. Therefore, I acquit him of the murder charge but find him guilty of manslaughter under Section 202, read with Section 205 of the Penal Code. **Delivered and signed at Nyandarua, this 9th day of June 2026** **KIARIE WAWERU KIARIE** **JUDGE**