In Summary.
- Court on Monday morning convicted a bodaboda rider over the offence of manslaughter
- The deceased had informed some of the witnesses that he was assaulted by the accused.
A Nairobi Court on Monday this week convicted a bodaboda rider over the offence of manslaughter contrary to section 205 of the Penal Code.
John Maina Njoroge was convicted of unlawfully and without intention killing Boniface Makau Paul on August 9, 2018, in Nairobi.
The accused person is said to have assaulted the deceased on the stomach and the head.
According to the prosecution, moments before the deceased met his untimely death, he informed some of the witnesses that he was assaulted by the accused.
The pathologist informed the court that the postmortem report indicated that the deceased died as a result of internal bleeding in the stomach and head.
According to the pathologist,the deceased had approximately 2 litres of blood in his stomach and blood clot in his brain.
The investigating officer informed the court that the accused was reported to have caused the death of the deceased on August 9, 2018.
Psychiatric report indicated that the accused person had been abusing drugs prior to the incident.
In his defence, the accused said on the material time he was not in Nairobi CBD.
In her judgement, Magistrate R.M Ndombi said that the prosecution proved all the ingredients of manslaughter since the postmortem report indicated that indeed death occurred.
It was proved that, indeed, the accused was the last person to be seen with the deceased prior to the assault.
The Court said the accused person defence that he was not in Nairobi CBD was just a mere denial since he could not corroborate where he was at the material time.
“This court is convinced beyond any reasonable doubt that you assaulted the deceased and caused his death hence I convict you over the offence of manslaughter,” ruled Magistrate R.M Ndombi.
