A Boda Boda rider who caused the death of a man during a fight in the city center five years ago has been found guilty of manslaughter.
John Maina Njoroge was convicted of unlawfully killing Boniface Makau Paul on August 9, 2018, in Nairobi, without the intention to kill.
According to the judgment, Njoroge assaulted the deceased in the stomach and on the head.
Witnesses testified that moments before his death, the deceased informed some of them that he had been assaulted by the accused.
A pathologist testified in court that the postmortem report indicated the deceased died as a result of internal bleeding in the stomach and head.
He stated that the deceased had approximately 2 liters of blood in his stomach and a blood clot in his brain.
A psychiatric report presented in court indicated that the accused had been abusing drugs prior to the incident.
In his defense, the accused claimed that he was not in Nairobi CBD at the time of the incident and, therefore, could not have assaulted the deceased.
In her judgment, Magistrate R.M. Ndombi stated that the prosecution had proven all the elements of manslaughter, as the postmortem report confirmed the cause of death.
She further noted that it was proven that the accused was the last person seen with the deceased before the assault.
The magistrate dismissed Njoroge’s defense that he was not in Nairobi CBD, stating that it was a mere denial since he could not corroborate his whereabouts at the time.
“This court is convinced beyond any reasonable doubt that you assaulted the deceased and caused his death. Hence, I convict you of the offense of manslaughter,” the court ruled.
