The accused persons herein were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars to the offence were that the accused persons on 1st November 2023 at Wangira Base village, Wangira Base Sub-Location,Ntimaru Sub-County within Migori County jointly murdered Samuel Chacha Moronya.
The 1st Accused entered into a plea bargain agreement with the prosecution and he was convicted for the offence of manslaughter and sentenced to serve 5 years imprisonment.
Evidence of 5 witnesses was tendered by the prosecution and PW1 the wife of the deceased said it was Mutiro- A1 and Magige – at large who murdered her husband. She said that the 2nd Accused was mistaken for the person who carried the suspects on a motor bike to the Police Station. She said it was Robi who took Mutiro to the scene and thereafter took the suspects to the Police Station and not the 2nd accused.
PW4 Yohana Chacha Wanzuri also testified that they were at home as they had a funeral of their mother when a fight erupted along the road that passes by their home. He said he found Mutiro and Magige fighting Chacha. He said he found Chacha had been cut and was crying for help. That he raised alarm and pleaded with Mutiro to stop cutting the deceased but he continued until the deceased fell down and the 2 ran away. He said that as the accused persons were cutting the deceased members of public stood at a distance. That it is only when the suspects had run away that members of public approached the scene and found the deceased had died and they reported the matter to the police. PW4 said the 2nd accused was not at the scene.
PW2 Dr. Mark Oduor Otieno conducted postmortem on the body of the deceased and established cause of death as severe head injury as a result of assault with sharp object and excessive bleeding.
PW3 CPL Thomas Oloo investigated the murder. He said that 1st accused had surrendered at the Police Station claiming he had committed murder. PW3 visited scene and processed the scene by taking photographs which he produced as exhibits P2(a) to (f) and Ex P3. The body of the deceased was taken to Wima Hospital mortuary for PM.
PW3 recorded statements of witnesses and preferred charge against 1st accused. That later PW1 the wife of the deceased informed him on 5th March 2024 that the 2nd accused who had adversely been mentioned was seen and he effected his arrest. In cross examination PW3 said that in the 1st statement it is only Mutiro who was arrested and charged.
PW5 the son of the deceased also testified and said that he saw Mutiro and Magige kill his father using pangas/ machetes. He said he did not see the 2nd accused at the scene. He said the 2nd accused herein was not known to him prior to the incident and he did not know where he lives.. He said he had been told to say that he had seen Yusuf A2 at the scene but he could not remember the name of the person who told him to lie.
In consideration of the evidence of the prosecution witnesses it is clear that there is no sufficient evidence to connect the 2nd accused person to the murder herein. None of the witnesses saw him attack the deceased and they were also not certain he was at the scene. The witnesses were categorical that it was Mutiro-A1 and Magige who attacked the deceased and killed him using pangas. Indeed the 1st accused person went to the Police Station and surrendered after repoting that he had committed the murder.
This court finds that in the circumstances there is no basis to find that the 2nd accused has a case to answer. He is found not guilty and is acquitted under Section 306(1) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 22nd DAY OF JANUARY, 2026.
The particulars to the offence were that the accused persons on 1st November 2023 at Wangira Base village, Wangira Base Sub-Location,Ntimaru Sub-County within Migori County jointly murdered Samuel Chacha Moronya.
The 1st Accused entered into a plea bargain agreement with the prosecution and he was convicted for the offence of manslaughter and sentenced to serve 5 years imprisonment.
Evidence of 5 witnesses was tendered by the prosecution and PW1 the wife of the deceased said it was Mutiro- A1 and Magige – at large who murdered her husband. She said that the 2nd Accused was mistaken for the person who carried the suspects on a motor bike to the Police Station. She said it was Robi who took Mutiro to the scene and thereafter took the suspects to the Police Station and not the 2nd accused.
PW4 Yohana Chacha Wanzuri also testified that they were at home as they had a funeral of their mother when a fight erupted along the road that passes by their home. He said he found Mutiro and Magige fighting Chacha. He said he found Chacha had been cut and was crying for help. That he raised alarm and pleaded with Mutiro to stop cutting the deceased but he continued until the deceased fell down and the 2 ran away. He said that as the accused persons were cutting the deceased members of public stood at a distance. That it is only when the suspects had run away that members of public approached the scene and found the deceased had died and they reported the matter to the police. PW4 said the 2nd accused was not at the scene.
PW2 Dr. Mark Oduor Otieno conducted postmortem on the body of the deceased and established cause of death as severe head injury as a result of assault with sharp object and excessive bleeding.
PW3 CPL Thomas Oloo investigated the murder. He said that 1st accused had surrendered at the Police Station claiming he had committed murder. PW3 visited scene and processed the scene by taking photographs which he produced as exhibits P2(a) to (f) and Ex P3. The body of the deceased was taken to Wima Hospital mortuary for PM.
PW3 recorded statements of witnesses and preferred charge against 1st accused. That later PW1 the wife of the deceased informed him on 5th March 2024 that the 2nd accused who had adversely been mentioned was seen and he effected his arrest. In cross examination PW3 said that in the 1st statement it is only Mutiro who was arrested and charged.
PW5 the son of the deceased also testified and said that he saw Mutiro and Magige kill his father using pangas/ machetes. He said he did not see the 2nd accused at the scene. He said the 2nd accused herein was not known to him prior to the incident and he did not know where he lives.. He said he had been told to say that he had seen Yusuf A2 at the scene but he could not remember the name of the person who told him to lie.
In consideration of the evidence of the prosecution witnesses it is clear that there is no sufficient evidence to connect the 2nd accused person to the murder herein. None of the witnesses saw him attack the deceased and they were also not certain he was at the scene. The witnesses were categorical that it was Mutiro-A1 and Magige who attacked the deceased and killed him using pangas. Indeed the 1st accused person went to the Police Station and surrendered after repoting that he had committed the murder.
This court finds that in the circumstances there is no basis to find that the 2nd accused has a case to answer. He is found not guilty and is acquitted under Section 306(1) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 22nd DAY OF JANUARY, 2026.