Court finds man guilty of killing the lover of his estranged wife

A man has been found guilty of killing his former wife’s lover by stabbing him several times in an attack that took place six years ago in Nyandarua County.

High Court judge Grace Nzioka convicted David Ndichu Njoroge for the murder of Wallace Mwangi Kamau, a man who allegedly had a relationship with his estranged wife Ann after finding that forensic, medical and witnesses evidence linked him to the attack that occurred in November 2019.

In a detailed judgment, Justice Nzioka ruled that the prosecution had proved beyond reasonable doubt that Ndichu unlawfully caused Kamau’s death with malice aforethought.

“In the given circumstances I find the accused guilty as charged and I accordingly convict him,” the judge ruled.

According to evidence tendered in court, the fatal encounter occurred on the night of November 14, 2019, when Kamau was found dead in Manunga, Kipipiri Sub-County, with multiple stab wounds. The court heard that Kamau was found lying dead by the roadside at Manunga area.

Police later arrested Ndichu after finding him with blood-stained clothes, which forensic analysis confirmed matched the deceased’s DNA.

Prosecution relied on 10 witnesses including the evidence of Police Constable Emphantus Gitari who testified that he was assigned to the case after receiving information that Kamau’s body had been discovered at Anunga area.

A post-mortem examination conducted by Dr. Evans Ngugi Wamuyu revealed that Kamau died from a left massive hemothorax secondary to penetrating stab wounds.

Justice Nzioka detailed the extent of the injuries, noting that the deceased suffered a penetrating stab wound in the face, deep stab wounds to the chest, cut wounds on the shoulder and forearm, and lacerations on the wrist and hand.

“It is clear from the injuries inflicted on the deceased that the assailant did not intend to spare the deceased’s life,” the judge observed.

“The prosecution’s case relied heavily on forensic evidence. Lucy Warukila Wachira, a Government Chemist analyst, testified that blood-stained clothes recovered from the accused were subjected to DNA analysis.

She stated that “the clothes, namely, a navy-blue trouser and a blue jacket, were found to be stained with blood of human origin and which blood was identified to be that of the deceased.”

“The DNA profile generated from the blood stains on the suspect’s clothes matched the blood sample of Wallace Mwangi Kamau,” she said.

Civilian witnesses including his brother Francis Mwangi further placed the accused in possession of the blood-stained clothes shortly after the murder.

Daniel Mwangi Gitaru testified that on November 15, 2019, he saw Ndichu being carried by a boda boda rider wearing clothes stained with blood and claiming he had been assaulted by thugs.

Suspicious of the explanation, Mwangi informed his brother who later went to their mother’s house which was under construction and found the accused changing out of the blood-stained clothes.

Both witnesses identified the clothes produced in court as those worn by the accused.

The court also considered evidence on motive.

According to the investigating officer Gitari, the deceased had a romantic relationship with the accused’s estranged wife, a factor the prosecution argued triggered the killing.

“I found that the motive of the deceased’s demise was that the accused’s wife had gone to stay with the deceased,” the officer stated.

The court further relied on the testimony of Assistant Chief Benson Muchiri Kuria, who said that in October 2019, Ndichu’s wife who was working at a local school reported that the accused had been sending her threatening messages after she declined a relationship with him.

“I find that the said motive ties up the evidence of the Assistant Chief that, the accused was allegedly threatening a lady for having declined a relationship with him,” Justice Nzioka noted

In his defence, Njoroge denied killing Kamau and claimed he had been framed by police. He told the court that he was a goat trader and that on the morning after the killing, he was assaulted by members of the public who accused him of stealing goats.

He further alleged that police officers demanded a bribe of Sh17,000, and when he refused to pay, he was charged with murder.

He denied ownership of the blood-stained clothes and insisted that the deceased’s alleged relationship with his former wife did not make him a murderer.

However, the court dismissed his defence, describing it as a mere denial that failed to displace the prosecution’s evidence.