Kiambu High Court has convicted a security guard for stabbing a man in 2016 and disappearing from his home for 3 months to conceal his action.
Lady Justice Christine Meoli in her judgment noted that reviewing all the proven facts, the court “is persuaded that the accused was correctly identified by the deceased as the person who assaulted him by stabbing hence his subsequent escape.
Daniel Mungai Wairimu alias “Igam” had been charged with murder that on the night of 16th September 2016 at Karura trading Centre in Kiambaa Sub-county within Kiambu County, he murdered Dennis Kamau Muthoni.
He pleaded not guilty and the court held a full trial in which the prosecution produced 5 witnesses to buttress their case. He was represented by Mr. Mathenge Wokabi. The court however deferred the sentencing awaiting the pre-sentencing report from the Probation officer.
According to the prosecution case, the accused and the deceased both lived in Karura village. That on the material day, a local James Mungai Kuro who testified as PW1 told the court that he was on his way from Karura trading center at 8.00 p.m. when he was approached by the deceased who worked as a tout. He told the witness that the accused had stabbed him and he referred to him with his nickname “Igam”. That the deceased exposed the wound inflicted on him on the chest from which blood was tricking from.
That he then disputed one Kangethe to call the relatives of the deceased as he waited at the scene that was 100 meters from the bar known as Homebest where accused worked or hang around.
The deceased’s mother Judy Muthoni Kamau PW2 was home when the report was delayed to her and she proceeded to the scene where she found the deceased lying down. The deceased repeated the claim that “Igam had stabbed him.” she then mobilized help from among others a nephew Bernard Ng’ang’a PW3 who ferried to deceased to Gachie Sub-county hospital in his vehicle. Because the hospital demanded from police, PW 3 rushed to Kihara Police Post and got the letter. However, on arriving back at the hospital he learned that the deceased had already succumbed to his injuries.
Justice Meoli stated that Ndungu had earlier proceeded to Kurura AP post and made a report to PC Samson Mwaniki Mwangi who was the fourth witness in the case to report the stabbing and death. By that time, the accused had also gone to the station and sat down as if intending to seek services. However, upon hearing the report, the accused left quickly and disappeared and that he could not be traced in his home on that night of the following 3 months.
On 23rd September, a post mortem examination was conducted on the body of the deceased which revealed a stab wound on his chest that penetrated through the ribcage to the heart and accompanied by bleeding. The pathologist’s conclusion was that death was due to ‘exsanguination due to the severe chest injury due to penetrating sharp trauma. On 27th January Sergeant Kariuki who testified at PW of Karura AP post was tipped that the accused had reappeared in the village. He trailed him to his home where he was found hiding in a banana plantation upon which he was arrested.
Upon being placed on his defense, the accused elected to make an unsworn statement. He testified that on the material day he was working as a watchman at a bar in Karura village. At about 8.30 pm he heard people alleging that he had stabbed someone after which he ran to Karura AP post where he found the fourth witness. But before he could report to him, he heard a noisy crowd approaching the post and decided to escape. He told the court that he spent the night away from his home and on learning of the death of the victim, he went into hiding in Narok where he remained until 27th January 2017. On his return to Karura police officers came to his home and arrested him.
At the close of the prosecution case, Lady Justice Meoli noted “the court is satisfied that the prosecution has proved its case beyond any reasonable doubt and enters a conviction against the accused for the offense named, namely Murder contrary to section 203 as read with 204 of the penal code”.
The Judgment was delivered electronically owing to the prevailing containment measures resulting from Covid-19 and will be mentioned at a later date for sentencing. Justice Meoli has since been transferred to Milimani and the duty Judge for Kiambu High court is Lady Justice Mary Kasango.
By Lydia Shiloya
