[2017] KEHC 1444 (KLR)

[2017] KEHC 1444 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused, Samuel Ndichu Macharia, murdered the deceased, Samuel Kamau Kariuki, by manual strangulation. The evidence established that the accused was the caretaker and present at the scene, and the physical and forensic findings ruled out...

Source-derived case information.

Citation
[2017] KEHC 1444 (KLR)
Parties
Applicant: Republic; Defendant: Samuel Ndichu Macharia
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 December 2017
Case Number
Criminal Case 21 of 2010
Procedural Posture
Criminal Case / Judgment
Outcome
convicted of murder
Judges
CJ Kendagor
Legal Topics
Murder, Circumstantial Evidence, Malice Aforethought, Burden of Proof, Manual Strangulation, Defence of Suicide
Source Language
english
Criminal Law Murder Circumstantial Evidence Malice Aforethought Burden of Proof Manual Strangulation Defence of Suicide

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Samuel Ndichu Macharia

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the circumstantial evidence adduced by the prosecution is sufficient to prove the charge against the accused.
  2. 2 Whether the prosecution has proved malice aforethought as against the accused.
  3. 3 Whether the prosecution has proved the motive for this offence.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, Samuel Ndichu Macharia, murdered the deceased, Samuel Kamau Kariuki, by manual strangulation. The evidence established that the accused was the caretaker and present at the scene, and the physical and forensic findings ruled out suicide. Both pathologists agreed the cause of death was manual strangulation, not hanging. The accused's explanation was implausible and inconsistent with the medical evidence. The accused's conduct after the incident, including staging the scene to appear as suicide and failing to provide a credible account, further supported his guilt. The court applied the legal principles on...

Court Disposition

convicted of murder

Orders

  • The accused, Samuel Ndichu Macharia, is found guilty of murder contrary to section 203 of the Penal Code.
  • The accused is convicted for the offence of murder under section 322 of the Criminal Procedure Code.