REPUBLIC v DANIEL LUCAS KIVUVA MBITHI [2011] KEHC 3268 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

MURDER NO. 13 OF 2009

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

VERSUS

DANIEL LUCAS KIVUVA MBITHI.........................................................................................ACCUSED

R U L I N G

The Accused – Danuel Lukas Kivuva Mbithi stands charged with the offence of murder contrary to Section 204 of the penal code. He denied the charge and the prosecution closed its case after calling a total of 17 witnesses.

Both counsel made submissions after the close of the prosecution case and furnished the court with several decided cases in support of their stand points.

I have very carefully considered this evidence along with the said very able submissions.

The prosecution case revolves around the credibility or otherwise of PW3 – Florence Wawira – who was the principal witness for the prosecution. Was she or was she not a credible witness? The answer could go either way. The law does not require me to give any reasons at this point for a finding of a case to answer lest l prejudice the case for the defence. I can nonetheless safely say that I am satisfied that the prosecution has established a prima facie case against the Accused person to warrant him to be placed on his defence. He is therefore placed onto his defence pursuant to Section 306(2) of the Criminal Procedure Code.

W. KARANJA

JUDGE

Signed by the above but delivered and dated by the undersigned at Embu this 5th day of April, 2011.

M. WARSAME

JUDGE

In the presence of :-