Republic v Kamau [2022] KEHC 16156 (KLR)

Republic v Kamau (Criminal Case 18 of 2017) [2022] KEHC 16156 (KLR) (6 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16156 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case 18 of 2017

CM Kariuki, J

December 6, 2022

Between

Republic

Prosecutor

and

John Nganga Kamau

Accused

Ruling

1. The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code cap 63 Laws of Kenya.

2. The particulars are that on June 5, 2015 at Ol-moran trading centre, Laikipia county, jointly with others not before court, murdered Jire Lenangetai

3. He pleaded not guilty, and the matter went into full trial. the prosecution called six (6) witnesses and was forced to close case as other remaining two (2) witnesses have not availed in court.

4. The court is called to determine whether accused has a case to answer to warrant him to be put on his defence.

5. I have gone through and especially PW 2 Alice who witnessed fight between accused and deceased and PW 4 Dr Miringu who did post mortem exercise which disclosed that the deceased died of the stab wounds.

6. I am persuaded that onprima facie basis, the accused has a case to answer and thus h is put on his defence

DATED, SIGNED, AND DELIVERED AT NYAHURURU THIS 6TH DAY OF DECEMBER, 2022. CHARLES KARIUKIJUDGE