Republic v James Mwangi Kimani & John Njenga Wanjiku [2022] KEHC 1946 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYAHURURU

CRIMINAL MURDER NO. 17 OF 2019

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

VERSUS

JAMES MWANGI KIMANI......................................................................1ST ACCUSED

JOHN NJENGA WANJIKU.......................................................................2ND ACCUSED

RULING

1. The accused persons are charged with two counts on the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. Particulars are that on 26th September, 2019 at Rurii village in Nyandarua Central Sub – County in Nyandarua County jointly murdered Michael Gitonga MathengeandElizabeth Wanjiku Gachagua.

3. They pleaded not guilty and matter went into full hearing.

4. The prosecution called 7 witnesses and closed its case.

5. The court is called to determine whether the accused should be put on their defence.

6. I have gone through the evidence so far tendered plus exhibits.

7. I am satisfied that the prosecution has made a prima facie case to warrant accused persons to be put on their defence.

8. It is so ordered.

DATED AND SIGNED AT NYAHURURU THIS 17TH DAY OF FEBRUARY, 2022.

......................................

CHARLES KARIUKI

JUDGE