Republic v Charles Gachau Kamotho [2016] KEHC 647 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO.86 OF 2012

REPUBLIC.........................................................................PROSECUTOR

VERSUS

CHARLES GACHAU KAMOTHO………………………………..……..ACCUSED

RULING

1. The accused Charles Gachau Kamotho is facing trial for the murder of one Emmanuel Nderu Nganga.  It is alleged that he committed the offence on the night of 11th and 12th day of  September, 2012 at Githurai 45 Estate  in Nairobi within Nairobi County.

2. A total of thirteen witnesses have testified for the prosecution. The prosecution case is that the deceased left his home on the night of 11th September 2012 to attend a prayer session. He did not return home.  It later turned out that the deceased had been kidnapped by unknown persons who demanded ransom. The family parted with a total of Kshs.350,000/-.  On 12th September 2013 the body of the deceased was found near Clay Works off Thika Super Highway.  Upon investigations, it was found that the deceased’s sim card and a sim card registered to one Phylis Wahome had been inserted into a mobile phone hand set belonging to the accused. That was the handset that was used to demand ransom from the family of the deceased.

3. From my consideration of the prosecution evidence summarized above and the submissions tendered, I find from the totality of the evidence that a prima facie case has been established against the accused.  He has a case to answer and shall make his defence in accordance with Section 306 of the Criminal Procedure Code.

Orders accordingly.

Ruling delivered, dated and signedatNairobithis 1stday ofNovember, 2016

R. LAGAT-KORIR

JUDGE

In the presence of:-

…………………………:     Court clerk

…………………………:     Accused

…………………………:     For accused

…………………………:     For State