Director of Public Prosecutions v M’’rinkanya [2025] KEHC 2042 (KLR) | Murder | Esheria

Director of Public Prosecutions v M’’rinkanya [2025] KEHC 2042 (KLR)

Full Case Text

Director of Public Prosecutions v M’’rinkanya (Criminal Case E010 of 2023) [2025] KEHC 2042 (KLR) (6 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2042 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case E010 of 2023

TW Cherere, J

February 6, 2025

Between

The Director of Public Prosecutions

Prosecutor

and

Zachary Muriungi M’’rinkanya

Accused

Ruling

1. Zachary Muriungi M’’Rinkanya (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 Judith Kathambi on 11th January, 2023

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

3. This court is called upon to determine whether a primafacie case has been established to warrant the Accused person to be placed on his defence to answer to the charge of murder.

4. The Court of Appeal in Chai v Republic [2022] KECA 495 underscored the position that a prima facie case is one where the evidence presented could lead a reasonable tribunal to convict if the accused offers no explanation.

5. Upon reviewing the evidence of the five prosecution witnesses, the court determines that a prima facie case has been established.

6. Consequently, under the provisions of Section 306(2) of the Criminal Procedure Code, the accused is hereby called upon to make his defence.

DATED THIS 3RD DAY OF FEBRUARY 2025WAMAE.T.W. CHEREREJUDGEDELIVERED AT MERU THIS 6TH DAY OF FEBRUARY 2025H.M. NYAGAJUDGEThis ruling is delivered under the provisiosn of Section 200(1) as read with Section 201 (2 of the Criminal Procedure CodeAPOLOGY FOR DELAY IN DELIVERING RULINGThe delay in delivering this ruling was due unfortunate accident involving the judge who initially presided over the matter, which necessitated an unavoidable deferment in the judicial process. The court sincerely regrets inconveniences and uncertainty this delay has caused to all parties. The Judiciary remains steadfast in its commitment to the timely and fair dispensation of justice.