The High Court in Nairobi has acquitted Peter Weru, alias Ngotho, of murdering fellow boda boda rider Jackson Mwai Chege after finding that the prosecution failed to prove beyond reasonable doubt that he inflicted the fatal injuries.
In a judgment delivered on October 29, 2026, Justice Kanyi Kimondo ruled that inconsistencies in the medical evidence, gaps in police investigations and uncertainty surrounding the circumstances of the deceased’s death raised reasonable doubt against the murder charge.
Chege’s body was discovered on the floor of his one-room house in Maili Saba, Dandora, on the morning of September 24, 2020, with traces of blood.
The prosecution had accused Weru of murdering him on September 20, 2020, following a fight between the two men, who worked as boda boda riders. Weru admitted fighting with Chege on the night of September 20 but denied assaulting him in subsequent encounters or causing his death.
A key factor in the acquittal was the testimony of pathologist Dr Peter Ndegwa, who conducted the postmortem examination on September 28, 2020.
The pathologist established that Chege died from multiple injuries caused by blunt force trauma. The examination revealed a haematoma on the right side of the head, bleeding on top of the brain and increased intracranial pressure.
However, the pathologist told the court that the injuries were recent and had occurred within 24 hours of the examination. Justice Kimondo observed that the medical evidence placed the likely timing of the fatal injuries on September 23, 2020, or during the night that followed, rather than during the initial confrontation on September 20.
“The original fight on 20th September 2020 between the accused and the deceased falls outside that window,” the judge ruled.
The court found that the discrepancy between the prosecution’s theory and the pathologist’s findings created reasonable doubt over whether the initial fight caused Chege’s death.
The prosecution also relied on testimony from Mercy Mwende Matheka, who lived in the same compound as Chege and her husband, Bernard Kinuthia, the deceased’s younger brother.
Matheka told the court that Chege returned home on September 20 with a bleeding nose and a swollen head, claiming that Weru had assaulted him. She further testified that Chege made a similar complaint on September 22, saying he had again been beaten by Weru and had reported the incident at Mowlem Police Post. However, the judge noted that no witness directly testified to seeing the alleged subsequent assaults. Much of the evidence depended on statements attributed to Chege.
Justice Kimondo also questioned whether those statements could safely be treated as dying declarations, noting that Chege had reportedly been drinking, hallucinating and appeared not to be of sound mind on the night before his death. The judge further observed that Chege had returned to work after the initial fight and had made only one police report concerning an assault.
The judgment raised concerns over the police investigation, particularly the handling of evidence relating to an altercation between Chege and his brother on September 23, 2020.
The court heard that Kinuthia disarmed him, but Chege reportedly returned with another knife, which broke during a struggle. Evidence was also presented that Kinuthia sustained an injury during the confrontation.
A police officer testified that bloodstains were found between Chege’s room and his parents’ house. Knives and clothing were reportedly collected during the investigation, but the items were never produced in court. The judge criticised the investigating officer for failing to visit the scene initially, not seeing the scene-of-crime photographs and failing to obtain reference DNA samples from either the deceased or his brother.
Justice Kimondo said the investigative failures left critical questions unanswered, including the possible significance of the confrontation between the deceased and his brother. The judge also criticised the prosecution witnesses for providing limited information about the altercation, despite its potential relevance to determining how Chege sustained his fatal injuries.
The judge questioned why Chege, who was reportedly bleeding and weak, had been left alone in his room without being taken to hospital. The court also noted inconsistencies in Kinuthia’s account of the events leading to his brother’s death, including his testimony about whether Chege was drunk and the circumstances surrounding an injury to his own hand.
Under Section 203 of the Penal Code, the prosecution was required to prove that the accused unlawfully caused the death of another person with malice aforethought. Justice Kimondo found that although Chege’s death and its cause had been established, the prosecution had not proved beyond reasonable doubt that Weru inflicted the fatal injuries.
The judge also found insufficient evidence to establish malice aforethought in the initial fight, which was described as an unarmed confrontation involving fists and head-butting.
The judge further agreed with the prosecution that Weru’s account of his whereabouts on September 23 was not credible. His own witnesses gave differing details about his movements that night. However, the court emphasised that the burden remained on the prosecution to prove the charge and could not be shifted to the accused simply because his alibi was unconvincing.
In his final determination, Justice Kimondo concluded that the prosecution had failed to establish all the elements of murder beyond reasonable doubt. The judgment underscores the importance of reliable medical evidence, thorough police investigations and proof beyond reasonable doubt in criminal trials.
