Republic v Esther Wanjiku Gitari & Peter Mburu Kinuthia [2015] KEHC 7573 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL CASE  NO. 40 OF 2010

REPUBLIC……………...…...........…..PROSECUTOR

-VERSUS -

ESTHER WANJIKU GITARI…………1ST ACCUSED

PETER MBURU KINUTHIA..….........2ND ACCUSED

RULING

The two accused persons are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.

I have considered the entire evidence adduced by the prosecution in support of its case against the two accused persons.  I find that the prosecution has failed to establish a prima facie case against the 1st accused person.  I will acquit her at this stage for reasons to be given in judgment.

The 2nd accused has a case too answer and I place him on his defence.

Dated 23rdday ofJuly, 2015.

LESIIT, J

JUDGE