Meshack Karanja Muchiri v Republic [2019] KEHC 1423 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERUGOYA

CRIMINAL MURDER NO. 1 OF 2015

MESHACK KARANJA MUCHIRI.................................................ACCUSED

VERSUS

REPUBLIC................................................................................RESPONDENT

RULING

1. The Accused Meshack Karanja Muchiri is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code.  It was alleged that on 1/1/2015 at about 1600 hours at Mukangu Village in Kirinyaga County he unlawfully murdered John Muchiri Wangui.

2. The accused person denied the charge.  The prosecution called Four witnesses in efforts to prove the charge against the accused.

3. Counsel for the accused filed submissions and urged the court to find that the prosecution has failed to prove its case beyond any reasonable doubts.

4. I have considered the evidence adduced and the submissions made at the close of the prosecution case.  I find that the evidence tendered has established a prima facie case which is sufficient to warrant the accused to be put on his defence.  I find that the accused has a case to answer. He will proceed as provided under Section 306 of the Criminal Procedure Code.

Dated at Kerugoya this 28th day of November 2019.

L. W. GITARI

JUDGE

Read out in open court,

Applicant present,

P/C Ms. Muthoni.

C/A – Gichia.

L. W. GITARI

JUDGE

28/11/19.