Two persons, including a police officer have been sentenced to 10 years in jail each after being convicted of manslaughter.
James Njoroge and police constable Evans Mokaya were charged with murdering Paul Muriithi on April 27, 2022, at Kandutura trading centre in Nyandarua county.
Justice Kiarie Waweru, however, reduced the charges from murder to manslaughter after finding that the prosecution had not proven the offence of murder against them.
The prosecution had earlier told the court that the deceased and his killers were friends and were at one point seen taking alcohol together at Mla Chake bar before they fatally beat him on the allegation of stealing from one of them.
One of the witnesses, Stephen Njoroge, testified that he arrived at the bar at around 8.30 pm when he saw the two accused, alongside the deceased dancing.
At about 1 am, he heard some noise and a commotion while in his home before the two accused persons individually went to his door and called him but he did not answer.
Curious to find out why there was commotion at night, he went out in the morning to find the deceased lying in a ditch next to the door of constable Mokaya with the two convicts at the scene.
The deceased who was still alive indicated that the two had assaulted him while Njoroge claimed Mureithi had stolen his mattress.
Charles Wanjuki, another witness, went to the scene and the deceased recognised him and identified two accused who were present at the scene as the ones who hurt him.
Police constable Dickson Kimathi Nyaga said the deceased reported the incident at about 1 am at Kandutura police post but he instructed him to return at about 8 am.
At around 5.45 am, Mokaya, the first accused, and his co-accused Njoroge, reported the theft of a mattress and a charger from Njoroge’s residence.
Since both were intoxicated, he told them he would visit the scene at about 630 am but shortly after he was informed of the incident.
Nyaga rushed to the scene in the company of another officer only to find Muriithi severely beaten.
In his defence, Mokaya argued that he was drawn to the scene by commotion only to find the deceased in a ditch severely injured and reported the matter to the OCS.
Njoroge said after consuming alcohol at the pub, he headed home and was informed that the deceased had been badly beaten the following morning.
He produced the statement of PC Joseph Njoroge indicating that the first accused had purchased a wooden hoe stick and stated that he intended to use it during the riots.
In the statement, the police officer implicated Njoroge in the assault, saying he had confessed of inflicting the injuries on the deceased as he had stolen his mattress.
“This, coupled with the report the two accused had made to PC Dickson Nyaga points at them as the perpetrators of the offence,” the judge said while delivering the judgement.
“The statement indicated that the first accused bought a hoe stick in his presence. A piece of a broken wooden stick was picked up at the scene. This, however, was circumstantial evidence in respect of the first accused.”
The hoe stick was lightly stained with human blood and the DNA profile of the second accused generated, placing him at the scene.
Justice Waweru said though both denied any involvement in Muriithi’s death, there was overwhelming evidence on record that they were identified by the deceased as the people who assaulted him.
The court said the accused persons had not pleaded intoxication but that there was compelling evidence that all three, including the deceased, were consuming alcohol.
“Section 13(4) of the Penal Code states that the state of intoxication must be considered when establishing whether an accused person had the necessary mens rea to commit a crime,” the judge said.
He ruled that without any witness but with Njoroge’s blood found on the hoe stick, the only assumption to make was that a fight occurred, giving the accused the benefit of doubt.
“I acquit each accused of murder. I find each guilty and convict him of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code”.
Muriithi’s family was represented
by advocate Julius Nyaga from International Justice Mission Kenya who
said the conviction would bring solace to victims and hope to families
still waiting for justice over excessive use of power by police officers.
