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THE OFFENCE
The accused was charged with murder contrary to Sections 203 and 204 of the Penal Code, Cap 63, Laws of Kenya . The particulars alleged that on 9th October 2024 , at Kisimani area along Mombasa-Malindi Highway, Nyali Sub-County, Mombasa County, jointly with others not before the court, the accused murdered Salim Kaingu Kahindi alias Ausio . He denied the offence,
Ten witnesses testified for the prosecution.They are:
i. Dr. Gabriel Mwagolo
ii. Abdhillah Ahmed Ali
iii. Karen Auma Nzemba
iv. Yasmin Abdallah
v. Morris Kahindi
vi. PC John Nyaga (No. 111638)
vii. Abdillah Mohammed Ali
viii. Charles Kalume Mlewa
ix. Joseph Kahindi
x. PC Geoffrey Aomo
The accused gave sworn testimony under Section 306 of the Criminal Procedure Code .
Issues for Determination
a) Whether the prosecution proved its case beyond reasonable doubt.
b) Whether there was circumstantial or direct evidence linking the accused to the offence.
c) Whether the accused acted with malice aforethought.
Legal Framework
Under Section 203 of the Penal Code , for a conviction of murder, the prosecution must establish:
i. The death of the deceased;
ii. That the death was unlawful; and
iii. That the accused acted with malice aforethought.
The principles were elaborated in Republic v Andrew Mueche Omwenga (2009) eKLR .
The Death
The death of the deceased is not contested . The accused testified that he learned of the death and surrendered himself at Mtwapa Police Station, informed by his wife and friends.
PW2 (Abdullahi Ahmed Ali) testified that the deceased died while being prepared for transport to hospital. The body was taken to Coast General Mortuary, documented by the Investigating Officer (PW9) and photographed by PW8 (PEXT 2(i)-Q). Identification was confirmed by Harrison Wanje Simba and Morris Kahindi (PW7), and the postmortem report was produced by Dr. Gabriel Mwagolo (PW1, PEXT 1).
Was the Death Unlawful?
Evidence shows the accused and deceased were known to each other and members of the Kisimani Merry May go-round group . On the day in question, the accused was the recipient of the day''''''''s contributions. He was angered by the fact that the deceased was broadcasting this fact to other people. This led to a confrontation which started with a verbal confrontation outside the osiepe pub . PW2 says the accused person insulted the deceased who got angry and followed him inside the pub
Civilian witnesses (PW2-PW6) testified that the altercation escalated inside the Oseipe Pub, Bombululu Kisimani area . The deceased and accused argued and fought; during the scuffle, a glass was broken and used by the accused to cut the deceased’s face. KAINDI who tried to seperate them was also injured and he left. Eventually, the deceased also left and went to sit outside the pub but when he saw the accused person walk outside , he again went to confront him. The accused person was however assisted by his two friends to beat up the deceased.
PW2 described how the accused, assisted by Dogo Ochola and Omi, continued to assault the deceased outside the pub. PW2 saw a penknife being handed to Kamau, who stabbed the deceased thrice. Despite being three meters away, PW2 clearly observed the incident and intervened to rescue the deceased.
The postmortem findings confirm fatal injuries consistent with the eyewitness accounts, including:
Deep cuts to the left cheek, left lower chest, and right temporal region
Hemothorax and lung laceration
Hypovolemic shock as cause of death
Based on the evidence, the death was unlawfully caused .
Malice Aforethought
Malice aforethought, as defined under Section 206 of the Penal Code , requires intention to kill or cause grievous harm.
The accused admitted a physical confrontation inside the pub but denied involvement outside. PW2’s account, corroborated by forensic evidence, indicates the accused intentionally caused grievous harm to the deceased by repeated stabbing, assisted by others.
The deliberate, repeated infliction of injuries that resulted in death demonstrates malice aforethought .
Conclusion
The prosecution proved all elements of murder beyond reasonable doubt. The accused acted intentionally and unlawfully , causing the death of the deceased.
Accordingly, the accused, JOACHIM KAMAUA NJUE , is convicted of murder contrary to Sections 203 and 204 of the Penal Code under section 322 of the criminal procedure code.
Delivered, dated, and signed at Mombasa this 14th day of November 2025.
HON. LADY JUSTICE WENDY KAGENDO MICHENI
JUDGE
In the presence of:
Accused and his advocate
Mr. Ngiri for the Republic
Ms. Bebora, Court Assistant
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THE OFFENCE
The accused was charged with murder contrary to Sections 203 and 204 of the Penal Code, Cap 63, Laws of Kenya . The particulars alleged that on 9th October 2024 , at Kisimani area along Mombasa-Malindi Highway, Nyali Sub-County, Mombasa County, jointly with others not before the court, the accused murdered Salim Kaingu Kahindi alias Ausio . He denied the offence,
Ten witnesses testified for the prosecution.They are:
i. Dr. Gabriel Mwagolo
ii. Abdhillah Ahmed Ali
iii. Karen Auma Nzemba
iv. Yasmin Abdallah
v. Morris Kahindi
vi. PC John Nyaga (No. 111638)
vii. Abdillah Mohammed Ali
viii. Charles Kalume Mlewa
ix. Joseph Kahindi
x. PC Geoffrey Aomo
The accused gave sworn testimony under Section 306 of the Criminal Procedure Code .
Issues for Determination
a) Whether the prosecution proved its case beyond reasonable doubt.
b) Whether there was circumstantial or direct evidence linking the accused to the offence.
c) Whether the accused acted with malice aforethought.
Legal Framework
Under Section 203 of the Penal Code , for a conviction of murder, the prosecution must establish:
i. The death of the deceased;
ii. That the death was unlawful; and
iii. That the accused acted with malice aforethought.
The principles were elaborated in Republic v Andrew Mueche Omwenga (2009) eKLR .
The Death
The death of the deceased is not contested . The accused testified that he learned of the death and surrendered himself at Mtwapa Police Station, informed by his wife and friends.
PW2 (Abdullahi Ahmed Ali) testified that the deceased died while being prepared for transport to hospital. The body was taken to Coast General Mortuary, documented by the Investigating Officer (PW9) and photographed by PW8 (PEXT 2(i)-Q). Identification was confirmed by Harrison Wanje Simba and Morris Kahindi (PW7), and the postmortem report was produced by Dr. Gabriel Mwagolo (PW1, PEXT 1).
Was the Death Unlawful?
Evidence shows the accused and deceased were known to each other and members of the Kisimani Merry May go-round group . On the day in question, the accused was the recipient of the day''''''''s contributions. He was angered by the fact that the deceased was broadcasting this fact to other people. This led to a confrontation which started with a verbal confrontation outside the osiepe pub . PW2 says the accused person insulted the deceased who got angry and followed him inside the pub
Civilian witnesses (PW2-PW6) testified that the altercation escalated inside the Oseipe Pub, Bombululu Kisimani area . The deceased and accused argued and fought; during the scuffle, a glass was broken and used by the accused to cut the deceased’s face. KAINDI who tried to seperate them was also injured and he left. Eventually, the deceased also left and went to sit outside the pub but when he saw the accused person walk outside , he again went to confront him. The accused person was however assisted by his two friends to beat up the deceased.
PW2 described how the accused, assisted by Dogo Ochola and Omi, continued to assault the deceased outside the pub. PW2 saw a penknife being handed to Kamau, who stabbed the deceased thrice. Despite being three meters away, PW2 clearly observed the incident and intervened to rescue the deceased.
The postmortem findings confirm fatal injuries consistent with the eyewitness accounts, including:
Deep cuts to the left cheek, left lower chest, and right temporal region
Hemothorax and lung laceration
Hypovolemic shock as cause of death
Based on the evidence, the death was unlawfully caused .
Malice Aforethought
Malice aforethought, as defined under Section 206 of the Penal Code , requires intention to kill or cause grievous harm.
The accused admitted a physical confrontation inside the pub but denied involvement outside. PW2’s account, corroborated by forensic evidence, indicates the accused intentionally caused grievous harm to the deceased by repeated stabbing, assisted by others.
The deliberate, repeated infliction of injuries that resulted in death demonstrates malice aforethought .
Conclusion
The prosecution proved all elements of murder beyond reasonable doubt. The accused acted intentionally and unlawfully , causing the death of the deceased.
Accordingly, the accused, JOACHIM KAMAUA NJUE , is convicted of murder contrary to Sections 203 and 204 of the Penal Code under section 322 of the criminal procedure code.
Delivered, dated, and signed at Mombasa this 14th day of November 2025.
HON. LADY JUSTICE WENDY KAGENDO MICHENI
JUDGE
In the presence of:
Accused and his advocate
Mr. Ngiri for the Republic
Ms. Bebora, Court Assistant
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