1. The accused TERESIA WAIRIMU THUO was charged with the offence of murder contrary to Section 203 as read with 204 of the Penal Code. The particulars of the charge being that the accused person the night of 17th and 18th February, 2013 at Maji Mazuri village in Koibatek Sub-County within Baringo County, Murdered TIMOTHY THUO KIMANI.
2. Upon close of prosecution case, the defence counsel filed submissions on no case to answer. I have perused and considered evidence adduced by the 9 prosecution witnesses. I have also considered submissions filed by defence counsel Murunga.From evidence adduced, the accused herein was the wife of the deceased.
3. PW5 Peter Githiomi and PW9 Joseph Thuo who are both sons of the deceased and accused testified that on the evening of 27/2/2013, their father arrived home while drunk and refused to eat. The accused then started abusing their mother the accused herein.
4. PW9 said the accused hit the deceased with a cooking stick on the thigh.The two witnesses stated that the accused slept in the children’s bedroom and at night, she woke the children up and together, they went to sleep in a neighbour’s house. The neighbour who testified as PW3 Peris Wanjiru Njuguna confirmed that on the material night, the accused went to sleep with her children in her house. This was also confirmed by her husband PW4. PW5 and PW9 testified that they went back to their house the next morning.
5. PW9 testified that the accused sent him to the house to collect clothes which she wanted to change to before going to Eldama Ravine. PW9 further stated that on finding his father in the house, he asked him for his mother’s clothes which the deceased gave him; and after PW9 giving his mother the clothes, he went back to the house and his father (deceased) gave him kshs. 50/= to go and buy mandazi.
6. PW5 said when they found their father in the house in the morning, he gave him kshs. 100/= to go and buy Cigarettes. He however did not go for cigarettes but sent his younger brother. He said after his younger brother coming back with cigarettes, they did not enter the house but took tea and mandazi outside the house.
7. Later, they went to the house and found the bedroom door closed. On peeping, pw5 saw a stool and a bag. After breaking the door, they entered the bedroom and found their father having hanged himself with a net.
8. From evidence adduced by PW5 and PW9, they found their father in their house in the morning after coming from their neighbour’s house where they had gone to sleep. Their father was alive and he pw9 for mandazi and PW5 from Cigarette. They both confirmed that their mother did not enter the house in the morning.
9. From PW9’s evidence, he collected clothes from the house for accused and it is the deceased who gave PW9 the clothes to take to the accused.
10. The two witnesses said their mother was going to Eldama Ravine Police Station where she had pending cases with the deceased and in their view, this is what may have caused the deceased to decide to commit-suicide.
11. The post-mortem report was produced in court following ruling delivered by justice Murithi on 11th December, 2019. The cause of death as per post-mortem report issued on 21/2/2013 is Asphyxia and Raptured small gut.
12. The doctor found that there was strangulation on the neck. This is consistent to the evidence adduced by PW5 and PW9. In view of the above I find that the prosecution failed to establish prima facie case to warrant accused be placed on her defence.
13. From the foregoing, the accused is hereby acquitted under Section 210 of the Criminal Procedure Code.
In the presence of:
Karanja – Court Assistant
Ms. Omari prosecution counsel
Mr. Murunga counsel for the Accused
Applicant present.
2. Upon close of prosecution case, the defence counsel filed submissions on no case to answer. I have perused and considered evidence adduced by the 9 prosecution witnesses. I have also considered submissions filed by defence counsel Murunga.From evidence adduced, the accused herein was the wife of the deceased.
3. PW5 Peter Githiomi and PW9 Joseph Thuo who are both sons of the deceased and accused testified that on the evening of 27/2/2013, their father arrived home while drunk and refused to eat. The accused then started abusing their mother the accused herein.
4. PW9 said the accused hit the deceased with a cooking stick on the thigh.The two witnesses stated that the accused slept in the children’s bedroom and at night, she woke the children up and together, they went to sleep in a neighbour’s house. The neighbour who testified as PW3 Peris Wanjiru Njuguna confirmed that on the material night, the accused went to sleep with her children in her house. This was also confirmed by her husband PW4. PW5 and PW9 testified that they went back to their house the next morning.
5. PW9 testified that the accused sent him to the house to collect clothes which she wanted to change to before going to Eldama Ravine. PW9 further stated that on finding his father in the house, he asked him for his mother’s clothes which the deceased gave him; and after PW9 giving his mother the clothes, he went back to the house and his father (deceased) gave him kshs. 50/= to go and buy mandazi.
6. PW5 said when they found their father in the house in the morning, he gave him kshs. 100/= to go and buy Cigarettes. He however did not go for cigarettes but sent his younger brother. He said after his younger brother coming back with cigarettes, they did not enter the house but took tea and mandazi outside the house.
7. Later, they went to the house and found the bedroom door closed. On peeping, pw5 saw a stool and a bag. After breaking the door, they entered the bedroom and found their father having hanged himself with a net.
8. From evidence adduced by PW5 and PW9, they found their father in their house in the morning after coming from their neighbour’s house where they had gone to sleep. Their father was alive and he pw9 for mandazi and PW5 from Cigarette. They both confirmed that their mother did not enter the house in the morning.
9. From PW9’s evidence, he collected clothes from the house for accused and it is the deceased who gave PW9 the clothes to take to the accused.
10. The two witnesses said their mother was going to Eldama Ravine Police Station where she had pending cases with the deceased and in their view, this is what may have caused the deceased to decide to commit-suicide.
11. The post-mortem report was produced in court following ruling delivered by justice Murithi on 11th December, 2019. The cause of death as per post-mortem report issued on 21/2/2013 is Asphyxia and Raptured small gut.
12. The doctor found that there was strangulation on the neck. This is consistent to the evidence adduced by PW5 and PW9. In view of the above I find that the prosecution failed to establish prima facie case to warrant accused be placed on her defence.
13. From the foregoing, the accused is hereby acquitted under Section 210 of the Criminal Procedure Code.
In the presence of:
Karanja – Court Assistant
Ms. Omari prosecution counsel
Mr. Murunga counsel for the Accused
Applicant present.