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Court of AppealDismissedCriminal Appeal 92 of 2018

Edward Nyarunda Ratemo v Republic

Court of Appeal
25 September 2026
WKW KaranjaLKLK KimaruAMAO Muchelule
3,469 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal upheld a prison warder's murder conviction and 25-year sentence, confirming that eyewitness and ballistic evidence proved he intentionally shot a fellow officer.

What this practically means

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Executive summary

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The appellant, a prison warder at Moyale GK Prison, was convicted of the murder of fellow officer Stephen Mwania Mutisya, the guard commander, on 24th July 2014, and sentenced to twenty-five years' imprisonment by the High Court at Marsabit (Chitembwe, J.). He appealed to the Court of Appeal at Nyeri against both conviction and sentence, contending that malice aforethought was not established, that the firearm recovered from him was not linked to the killing, that prosecution inconsistencies went to the root of the case, that the trial judge was biased, and that his defence was ignored. The prosecution, through Ms Nandwa, maintained that an eyewitness (PW1) saw the appellant shoot the deceased, that ballistic evidence tied five spent cartridges to the appellant's G3 rifle, and that malice aforethought was demonstrated by the number, proximity and targeting of the shots. The Court, as a first appellate court, re-evaluated the evidence and held that PW1's direct eyewitness testimony and the ballistic evidence irresistibly established that the appellant fired the fatal shots, proving actus reus beyond reasonable doubt. Malice aforethought was found in the appellant's agitation, the firing of three shots including two at close range at a prone victim, and the targeting of the head and lungs by a trained firearm handler. The defence of firing in the air was rejected, and the 25-year sentence was held legal. The appeal was dismissed in its entirety and the conviction and sentence upheld.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the prosecution established the charge of murder contrary to section 203 of the Penal Code against the appellant to the required standard of proof beyond any reasonable doubt

Key legal issues

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01

Whether the prosecution proved actus reus - that the appellant fired the fatal shots

Holding

The court found, on re-evaluation, that PW1's direct eyewitness testimony and the ballistic evidence linking the spent cartridges to the appellant's G3 rifle established beyond reasonable doubt that the appellant fired the fatal shots.

Reasoning

PW1 was a direct eyewitness who saw the appellant fire several shots at the deceased. The ballistic expert PW7 established that the spent cartridges were fired from the G3 rifle issued to the appellant, serial number 011464. The appellant's claim that he fired in the air was debunked by this evidence, satisfying actus reus to the required standard.

p. 5
02

Whether malice aforethought (mens rea) was established

Holding

Malice aforethought was proved: the appellant shot the deceased three times, twice at close range while prone, targeting vulnerable parts of the body, with knowledge as a trained firearm handler that death or grievous harm was likely.

Reasoning

Relying on Section 206 of the Penal Code, the court found the appellant acted with intention to cause death or grievous harm. The agitation after being denied permission to leave, the number and proximity of shots, and the targeting of the head and lungs demonstrated the requisite subjective intention or knowledge of probable death.

p. 6
03

Whether the appellant's defence was adequately considered and whether the sentence should be interfered with

Holding

The defence was displaced by strong corroborative prosecution evidence, and the 25-year custodial sentence was legal and not subject to interference.

Reasoning

The court held that the argument that the defence was not considered withered away when the strong, corroborative and incriminating prosecution evidence was taken into account. The sentence was lawful and the court declined to interfere with it.

p. 6

Legal principles established

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  • A first appellate court must re-evaluate the evidence, weigh conflicting evidence and draw its own inferences, while making due allowance for not having seen or heard the witnesses.
  • Both actus reus and mens rea must be proved by the prosecution beyond reasonable doubt before a murder conviction is entered.
  • Malice aforethought is subjective to the actual accused and requires an act aimed at someone committed with an intention to cause death or grievous bodily harm.

Court orders

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  1. 1.The appeal is dismissed
  2. 2.The conviction and sentence of the trial court are upheld

The bench

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One judgment of the whole court — no separate or dissenting opinions.

WK
majority
LK
majority
AM
majority
On appeal from
High Court of Kenya at Marsabit
Criminal Case No. 5 of 2015
Jurisdiction invoked
First appeal to the Court of Appeal against conviction and sentence in a murder trial (Penal Code, Section 203 as read with Section 204)

Relief refused

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Allowance of the appeal against conviction and sentence

The appeal lacked merit; prosecution proved murder beyond reasonable doubt and the sentence was legal

p. 6

Costs

No costs order was made in the judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot of the above reasons is that the appeal lacks merit and is hereby dismissed. The conviction and sentence of the trial court is upheld.
p. 6Final orders - dismissal of appeal and upholding of conviction and sentence
We are therefore convinced beyond reasonable doubt that it was the appellant who shot the deceased and caused him to suffer the fatal injuries. Actus reus was established by the prosecution to the required standard of proof.
p. 5Actus reus proved beyond reasonable doubt
We agree with the trial court that the prosecution proved, to the required standard of proof, malice aforethought and that the appellant had the requisite mens rea to kill the deceased.
p. 6Mens rea / malice aforethought established
The custodial sentence meted on the appellant by the trial court was legal. We cannot interfere with the same.
p. 6Sentence upheld

Issues in the judgment

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minor

Rifle serial number inconsistency between witnesses

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Edward Nyarunda Ratemo v Republic", Case Analysis (2026). Criminal Appeal 92 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1694/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.