Republic v Kimani [2025] KEHC 6307 (KLR)

Republic v Kimani (Criminal Case 13 of 2019) [2025] KEHC 6307 (KLR) (14 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6307 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 13 of 2019

HI Ong'udi, J

May 14, 2025

Between

Republic

Prosecutor

and

Alex Wanjau Kimani

Accused

Ruling

1. Alex Wanjau Kimani the accused stands charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. The particulars being that the accused on the 11th day of January, 2019 at Tina Garden Hostels Egerton Njoro sub-county within Nakuru County murdered Anisa Furaha Mwaguni.

2. The accused denied the charge and the case proceeded to full hearing with the prosecution calling a total of eleven (11) witnesses.

3. Upon closure of the prosecution case both counsel filed written submissions which I have considered alongside the evidence by all the witnesses.

4. Mr. Karanja Mbugua for the accused has raised an issue about the statement of information (charge sheet) being drafted, signed and stamped by the OCS Njoro police station. To that, all I can say is that the statement of information (charge sheet) before this court dated 22nd February, 2019 and filed on the same day is signed by Mr. Amos Chigiti Assistant Director of Public Prosecutions for the Director of Public Prosecution and not an OCS as claimed by counsel. The accused was first presented before this court on 22nd February, 2019 as per the record.

5. Upon due consideration of the evidence by the eleven (11) witnesses I find that:i.The cause of death as stated by PW4 was asphyxia plus strangulationii.The prosecution has made out a prima facie case against the accused who I hereby place on his defence under section 306(2) of the Criminal Procedure Code.

6. Orders accordingly.

DELIVERED, VIRTUALLY THIS 14THMAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE