Republic v Martin Kinyua Nancy [2015] KEHC 4149 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

CRIMINAL CASE NO. 14 OF 2011

REPUBLIC........................................................................................PROSECUTION

VERSUS

MARTIN KINYUA NANCY...............…......................................................ACCUSED

R U L I N G

The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.  He pleaded not guilty to the offence.

The prosecution called nine witnesses in this case.  The brief facts are that the accused was helping PW1 with some work in a butchery at Manyatta shopping centre on the material day and time.  The deceased came to the butchery and confronted the accused.  He then slapped the accused on the cheeks.  The accused had a knife he was using at the butchery.  He picked it and stabbed the deceased who collapsed on the side of the road as he was walking away.  The accused person surrendered himself to the police.  The deceased died while undergoing treatment at the hospital the same day.

I have carefully perused the evidence of the prosecution witnesses.  It is my considered opinion that the prosecution have adduced sufficient evidence to support the charge.   The accused has a case to answer.

DELIVERED, DATED AND SIGNED AT EMBU THIS 27TH DAY OF MAY, 2015.

F. MUCHEMI

JUDGE

In the presence of:-

The accused

Mr. Nduku for accused

Ms. Matere for State