By Wahome Thuku

What is in a name? That is an adage whose answer has never been agreed upon. But from this case, a name could mean a difference between life and death.

On the night of January 31 and February 1, 2004, a gang raided several homes in Runyenjes township of Embu District. They were armed with pangas and other weapons.

Mr Joel Njiru Manyuari was killed during the robbery in his house. But police never properly investigated the incidents until July 16, 2004, when one suspect, Patrick Njiru Njue, was arrested at Manyata village.

Shortly after, he was charged with violent robbery before Chief Principal Magistrate in Embu. The charge sheet stated that on February 1, 2004, with others not before the court, he robbed Justa Wanja Nthiga Sh20,000 and immediately before or after the robbery killed Joel Njiru Manyuari. Ms Wanja was Manyuari’s wife.

Four witnesses testified. Wanja narrated how on the fateful night, she and her husband and children were asleep in their one-roomed house when at around 3am, they were woken up by people calling from outside. Their door was hit with a huge stone and it gave way. Four men entered the house and demanded money from her husband. She gave them Sh20,000 but they asked for more. Wanja said she identified one man whom she had only known physically but did not know his name. That man was Patrick Njiru. She was able to identify him from the light of torches the gangsters were having. She said the robbery took about 10 minutes.

Wanja told the magistrate that she knew the man because he had, in a different incident, stabbed her husband with a knife and disappeared from the area. Her husband had also told her he was having disagreements with the man over some money.

Severe bleeding

She told the court that after taking the money the men then dragged her husband outside and locked her in the house. She said she heard her husband say to the gangsters, “Njiru why are you killing me?”

When the door was opened by a man identified as Musee, she found her husband groaning outside having been injured. He died soon after. 

Wanja went to a nearby police station the same night and recorded a statement. She told police that she had identified Njiru as one of the gangsters. She did not tell Musee that she had identified Njiru.

According to Dr Alex Ombati, a pathologist, Manyuari had died of severe bleeding from multiple deep cuts. A police officer told the court that the report had been made by Wanja and that he did not investigate the case.

In his defence, Njiru said he was arrested on July 16, 2004 from his shop at Manyatta village by police officer who demanded to see his trading licence. He claimed that one of the officers said he was a bad man and should be charged with robbery.

He pointed out that his full name had not been given by Wanja yet she claimed to know him.

Njiru was eventually convicted and sentenced to death. He filed an appeal before the High Court in Embu, which was heard by judges Jessie Lessit and Hedwig Ong’udi.

He argued that the magistrate had erred in law and fact by relying purely on evidence and by failing to consider that the complainant’s first report to the police did not support the allegations. Njiru argued that the magistrate should have considered that the name Njiru is very common in Embu and that no investigating officer ever testified in the trial.

Torchlight

Njiru represented himself before the judges. He presented his written submissions and highlighted them orally arguing all the ground of appeal together. He argued that his defence before the magistrate’s court had not been challenged.

The State counsel opposed the appeal, saying Wanja had explained properly what happened on that night. The witness had identified Njiru by the light from the torches carried by the attackers and that she had also heard her husband saying, “Njiru why are you killing me?”

“She knew the appellant physically even though not by name. She also knew him because of a case where the appellant stabbed her husband and went into hiding. The appellant’s defence is a mere denial as the evidence on identification was overwhelming,” the state counsel said.

The judges noted that the first report NO.5 of 1/2/2004 was made by residents of Runyenjes town who did not include Wanja. It indicated that there were several other people who had been attacked and robbed of various items the deceased included. It did not contain the name of Njiru as having been identified. “It’s curious to note that even though several people were robbed in the same place, none was called to testify herein,” the judges said.

Mistaken identity?

One of the officers had confirmed that Wanja had said she identified Njiru and had included the name in her statement. Another officer who went to the scene also confirmed the woman had identified one of the attackers as Njiru.

“This witness was one of the investigating officers in this case. There is absolutely no investigation he did. What led him to arrest the appellant? He does not say,” the judges observed referring to the police officer.

After analysing the police records the judges said the only evidence left was that of Wanja. 

“Did she know the appellant as Patrick Njiru or just Njiru?” the judges queried.

“If it was as “Patrick Njiru” there is no evidence to support that. And if it was only “Njiru” then this required corroboration. This is because the name Njiru is a very common in this region and one has to be specific,” they held. Though Wanja said she attended an identification parade at the police station there was no evidence to support that.

“It’s also tricky to wholly rely on her evidence of identification because she has mentioned that there was a case where the appellant had stabbed the deceased and disappeared. Could it be vendetta?” the judges posed.

They said the court required some independent evidence to support her claims adding that Wanja may have been truthful yet she may have been mistaken.

Sensitive matter

“This is a case where a person lost his life. There was no proper investigation carried out,” the court noted. The two police officers involved had simply relied on what Wanja told them and went to arrest Njiru.

“She did not even mention Patrick Njiru. She talked of Njiru only. An identification parade ought to have been conducted to confirm her identification. This callous manner of dealing with such a sensitive matter where a man lost his life is detestable and we lack the words with which to condemn it,” the judges concluded.

With that, they found it was unsafe for the magistrate to have relied on Wanja’s evidence only to convict Njiru. They allowed the appeal, quashed the conviction and set aside the sentence of death.

On July 27, this year after eight years in jail, Njiru was set free.

The writer is a court reporter with the Standard Group.

Email: iwahome@standardmedia.co.ke