Director of Public Prosecutions v Kariti [2024] KEHC 6166 (KLR)

Director of Public Prosecutions v Kariti (Criminal Case E007 of 2023) [2024] KEHC 6166 (KLR) (16 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6166 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case E007 of 2023

TW Cherere, J

May 16, 2024

Between

Director of Public Prosecutions

Prosecution

and

Robert Kirimi Kariti

Accused

Ruling

1. Robert Kirimi Kariti (Accused) is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that he murdered one Owen Kinoti on 20th November, 2022.

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

3. In determining whether Accused has a case to answer, court takes cognizance of the fact that the legal onus is always on the Prosecution to prove its case beyond reasonable doubt and not to prove a case that is merely one in which on full consideration might possible be thought sufficient to sustain a conviction. (See In Ramanlal Trambaklal Bhatt Vs R [1957] E.A 332 at 335).

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

5. 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 Mr. Ng’entu

DELIVERED AT MERU THIS 16TH DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Mr. Ng’entu AdvocateFor the State - Ms. Rita Rotich (PC 1)