Republic v Grace Wanjiru Gathumbi [2019] KEHC 6995 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

CRIMINAL CASE NO. 18 OF 2013

REPUBLIC

VERSUS

GRACE WANJIRU GATHUMBI....................ACCUSED

RULING

1.  The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code; she is accused of having murdered Rosemary Wangechi Ndaiga between the 3rd and 4th day of September, 2008 at Solio Estate in Narumoru Location Kieni East District within Nyeri County; on the 16th September, 2013 a plea of not guilty to the charge was entered;

2. At the hearing hereof the accused was represented by Learned Counsel Mr.Ombongi whereas Mrs. Gicheha was the Prosecuting Counsel for the State; the prosecution called a total of eleven (11) witnesses in support of its case; at the close of the prosecution case counsel for the accused was invited to make submissions as to whether the prosecution had made out a case to require the accused person to be called upon to defend herself;

3. After hearing the submissions made by the respective counsels and having addressed the evidence on record this court is satisfied that the prosecution has made out a prima facie case against the accused; this court finds that she has a case to answer that warrants her to be placed on her defence; her rights and options will be put to her before she presents her defence;

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this  9th  day of January, 2019.

HON.A.MSHILA

JUDGE