Nyamira High court Judge Esther Maina has convicted a man, Geoffrey Obaye Bogonko for the murder a police officer Samuel Ngunyi Wambui at Vallet Club Keroka Township, Nyamira County.
The deceased was a driver attached to Masaba North Critical Infrastructure Protection Unit (CIPU) in Nyamira County.
The accused had been accused of stabbing the deceased on the left side of the chest thereby inflicting a penetrating injury about 4cm deep between the sixth and seventh ribs.
According to Lady Judge Maina, the nature of the weapon used and the part of the body targeted were premeditated. “Whereas he may not have formed the intention to kill the deceased, the accused clearly intended to cause him grievous harm.”
“He also must have had knowledge that using that kind of weapon and targeting that part of the deceased’s body would cause his death or cause grievous harm,” the Judge ruled.
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“I am satisfied that all the ingredients of the offence of murder have been proved against the accused beyond reasonable doubt. Accordingly, I find him guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code and convict him accordingly.”
The Court was told that at around 10pm the deceased went to Vallet Lounge (a club/bar) and sat at a table which was close to the counter where the accused person who had gone there at about 8pm was having his drink.
The deceased is said to have stood up and demanded to know why the accused had spilled his beer whereupon an altercation ensued between the accused and the deceased.
According to Mark Mitunda Omari, the Manager of the Club, the altercation between the two became heated and degenerated into a brawl. He intervened and separated them and escorted the accused out of the premises and told him not to go back.
The accused however insisted on going back for his unopened beer and the Manager allowed him to get it but told him not to return again. The accused then said that he had forgotten his shopping in the bar and the Manager went and got it for him.
When the accused insisted on going back to finish the beer he had left in the glass, the Manager ordered the watchman to see to it that he did not enter the bar. The manager went for the beer himself only to return and find the accused had gone back inside.
Then a fist fight ensued between them. The Manager told the court that the deceased followed up the accused to the door.
“When they reached the door, the accused draw something from his pocket and stabbed the deceased once on the left side of the chest. He then fled the scene.”
The Judge said the accused had sufficient time to cool down when he was ejected from the Club at first.
“The accused forced his way back in and provoked the deceased into another feud intending to lure him out of the Club as he did and after stabbing him he fled the scene.”
The sentencing is set for next week.