Director of Public Prosecutions v Gikundi [2024] KEHC 5525 (KLR)

Director of Public Prosecutions v Gikundi (Criminal Case E027 of 2023) [2024] KEHC 5525 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 5525 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case E027 of 2023

TW Cherere, J

April 25, 2024

Between

Director Of Public Prosecutions

Prosecutor

and

Dennis Mugendi Gikundi

Accused

Ruling

1. Dennis Mugendi Gikundi (Accused) is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that together with others not before the court murdered one Samuel Kaberia Daudi on 01st February, 2023.

2. Accused denied committing the offence of and the prosecution managed to call five witness.

3. This court is therefore called upon to determine whether, whether a primafacie case has been established to warrant the accused person to be placed on her defence to answer to the charge of Murder.

4. It should be remembered that the legal onus is always on the Prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution’s case, the case is merely one in which on full consideration might possible be thought sufficient to sustain a conviction. (See In Ramanlal Trambaklal Bhatt v R [1957] E.A 332 at 335).

5. Having considered the testimonies of the five prosecution witnesses, I am satisfied that a prima facie case has been established to warrant Accused to be placed on his defence.

6. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(j)(k) of the Constitution are hereby explained to the accused person in the presence of his advocate Ms. Gachohi

DELIVERED AT MERU THIS 25TH DAY OF APRIL 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Ms. Gachohi AdvocateFor the State - Ms. Rita Rotich (PC 1)