Republic v Karanja [2025] KEHC 3090 (KLR)

Republic v Karanja (Criminal Case E050 of 2022) [2025] KEHC 3090 (KLR) (5 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3090 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E050 of 2022

HI Ong'udi, J

March 5, 2025

Between

Republic

Prosecution

and

Duncan Karanja

Accused

Ruling

1. Duncan Karanja the accused herein is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that the accused on 5th September 2022, at Kirima sub-location, Wanyororo location in Nakuru south sub-county within Nakuru County murdered Josphat Macharia Wambugu. He denied the charge and the matter proceeded to full hearing with the prosecution calling six (6) witnesses.

2. Through the post mortem report (EXB 1), PW3 gave the cause of death as severe head injury attended by extensive skull and brain laceration due to multiple blunt force trauma to the head. This was obviously not a natural death.

3. PW1, PW2 and PW4 gave circumstantial evidence on the matter. PW1 and PW2 are brothers to the accused and deceased while PW4 is their mother.

4. Officers PW5 and PW6 recovered what they referred to as the murder weapons. Both parties filed written submissions which I have considered alongside the evidence adduced.

5. I am satisfied that the prosecution has made out a prima facie case against the accused person who I hereby place on his defence under section 306(2) of the Criminal Procedure Code.

6. Orders accordingly.

DELIVERED VIRTUALLY, DATED AND SIGNED THIS 5TH DAY OF MARCH, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE