Republic v Kinuthia [2024] KEHC 788 (KLR)

Republic v Kinuthia (Criminal Case 15 of 2020) [2024] KEHC 788 (KLR) (17 January 2024) (Ruling)

Neutral citation: [2024] KEHC 788 (KLR)

Republic of Kenya

In the High Court at Naivasha

Criminal Case 15 of 2020

GL Nzioka, J

January 17, 2024

Between

Republic

Prosecutor

and

Benard Wang’Endo Kinuthia

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.

2. Upon the accused pleading not guilty to the information, the prosecution called a total of seven (7) witnesses. I have considered the evidence adduced by these witnesses at the close of the prosecution case and I rule that, the prosecutor has adduced adequate evidence to place the accused on his defence. Consequently I rule that the accused has a case to answer.

3. Pursuant to the provisions of section 306(2) of the Criminal Procedure Code, I direct that, the accused proceed to inform the court of the manner of defence and/or how the defence will be conducted.

4. It is so ordered.

DATED, DELIVERED AND SIGNED THIS 17TH DAY OF JANUARY 2024GRACE L. NZIOKAJUDGEIn the presence ofThe accused present virtuallyMr. Ndiema for the stateMr. Wairegi for the accusedMs Ogutu - court assistant