REPUBLIC V MUSILI TULO[2012]eKLR Agnes Mutei Samuel (PW5) on 2nd July, 2010 received a call from her sister, Kasyoka who is married to the brother to the accused. She wanted her to go and inform the sister to the deceased, Patricia Ngute that she had passed on. She did so and together with the said Patricia Ngute, left for home to inform the family. Christopher Mwenga Mwenzi (PW6) is also a brother of the deceased. On 3rd July, 2010 at about 4pm during a family meeting they received a phone call from Ngute Musili asking the whereabouts of the deceased. They already had information that the accused had been seen in a fight with the deceased. They started searching for the deceased. They also made a report to the police at Mwingi to whom he also gave the accused’s cell phone number. P.C Ogutu called the number and the accused gave directions as to whereabouts of the deceased’s body. They proceeded there and found the body. At the scene he saw a rope and a hat. He was certain that the hat belonged to the accused as he was familiar with it. The eyes were gougedout, one ear had been cut and the face as well as legs were injured. He confirmed that the accused and deceased used to quarrel a lot. He had last seen the deceased a week prior to her death. Cross-examined, he stated that the deceased and accused had been seen fighting by a person who called. When he saw the accused last, he had on the hat. He never used to leave the hat. Though he was aware that there were many similar hats, he was nonetheless certain that the hat recovered at the scene belonged to the accused. Sgt Alex Ogutu (PW7) is the police officer who contacted the accused on his cell phone number. That was on 3rd July, 2010 at around noon. He was given 3 numbers allegedly belonging to the accused by PW6. These were 0727418570, 0729786284 and 0711950385. The latter went through and he was able to talk to the accused. Having introduced himself to him as a place officer seeking his assistance to locate the body of the deceased, the accused directed him to Kasina Primary School opposite Yaa Forest. With this information the body was duly discovered. On observation, he discovered that the tongue of the deceased had been chopped off, eyes gouged out, face skinned as well as the right leg. He removed the body to Mwingi District Hospital Mortuary pending post mortem examination. At the scene, he noticed that it had been disturbed. It was as though there had been a struggle. After the post mortem on 13th July, 2010 which he witnessed, he was given the report which the tendered in evidence. He also recovered at the scene a white hat which was said to belong to the accused. Subsequently, the accused was arrested by Narok Police Station and escorted to Mwingi Police Station. Following completion of the investigations, he preferred the murder charge against the accused. Cross-examined, he stated that he had heard romours that the deceased had been killed by her husband. He investigated the case and confirmed that there had been several incidents of domestic violence against the deceased by the accused. On 30th June, 2010, the deceased had been sighted in Mwingi town with the accused. He had been given 3 cell phone numbers belonging to the accused by Ngute Musili and Christopher Mwenga . The number given to him by Mwenga is the one which went through. The information he received was that the hat belonged to the accused. C.I Jonathan Wafula recorded t he charge and caution statement of the accused on 14th July, 2010 at about 4pm. Following the charge and caution, the accused elected to state as follows in Kiswahili“nilimpiga kwa shauri ya pesa ya biashara shilingi elefu kumi na nane. Nilimua na kuacha mwili wake kwa kichaka.” The witness signed the statement and the accused too signed. However, he did not translate the http://www.kenyalaw.org - Page 3/8