Republic v Andrew Luvoga Sukunwa [2018] KEHC 2206 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

HCCR NO.3 OF 2016

REPUBLIC.................................................................PROSECUTION

VERSUS

ANDREW LUVOGA SUKUNWA.....................................ACCUSED

R U L I N G

The accused person Andrew Luvoga Sukunwa faces three counts of murder contrary to section 203 as read with section 204 of the CPC.

On the 1st Count, it was alleged that on the 15th day of March, 2016 at Mathari area within Nyeri County, murdered Rosemary Wihuini Wambui.

On the 2nd Count, it was alleged that on the 15th day of March,2016 at Mathari area within Nyeri County, murdered Esther Wanjira Wambui.

On the 3rd Count, it was alleged that on the 15th day of March, 2016 at Mathari area within Nyeri County, murdered Christine Wangui Wambui.

He took plea on 30th March 2016 before Mativo J and pleaded NOT GUILTY to each one of them.

The trial took off before me on 22nd November 2017, and on 8th October 2018 the prosecution closed its case after calling 12 witnesses.

At this stage the court is supposed to determine whether the prosecution has established a prima facie case to warrant the accused person to be placed on his defence as required by s.306 (2) of the Criminal Procedure Code.

I have carefully considered the evidence before me.  I have considered the submissions made by the defence- urging me to find that no prima facie case has been made out and the state urging for a contrary finding.

I am persuaded that a prima facie case has been made out to warrant the accused being put on the defence to warrant compliance with s.306 (2) of the Criminal Procedure Code.

Dated delivered and signed in open court at Nyeri this 16th Day of November 2018.

Mumbua T Matheka

Judge

In the presence of:

CA Esther

Accused present

Ms Macharia for the accused person

Mrs Owuor for the State