Director of Public Prosecutions v M’Muriki [2024] KEHC 5523 (KLR)

Director of Public Prosecutions v M’Muriki (Criminal Case E024 of 2022) [2024] KEHC 5523 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 5523 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case E024 of 2022

TW Cherere, J

April 25, 2024

Between

The Director of Public Prosecutions

Prosecutor

and

Charles Ng’Entu M’Muriki

Accused

Ruling

1. Charles Ng’entu M’Muriki (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 Stanley Kimami on 29h April, 2022.

2. Accused denied committing the offence of and the prosecution called a total of seven witness in support of its case.

3. 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] EA 332 at 335).

4. Having considered the testimonies of the seven 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 25TH DAY OF APRIL 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Mr. Ng’entu AdvocateFor the State - Ms. Rita Rotich (PC 1)