Republic v Mburu [2024] KEHC 14025 (KLR)

Republic v Mburu (Criminal Case E005 of 2021) [2024] KEHC 14025 (KLR) (7 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14025 (KLR)

Republic of Kenya

In the High Court at Naivasha

Criminal Case E005 of 2021

GL Nzioka, J

November 7, 2024

Between

Republic

Prosecutor

and

Moses Wainaina Mburu

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 thereof are that, on the night of 18th and 19th March 2021, at Ihindu village, in Naivasha sub-County within Nakuru County he murdered Dorcas Wambui Njehia.

3. The information was read to the accused and he pleaded not guilty thereto. The case proceeded to hearing of the prosecution case with the prosecution calling a total of seven (7) witnesses. At the close of the prosecution case, the parties opted not to file any submissions.

4. I have considered the evidence adduced in total and I am satisfied that there is adequate evidence to place the accused person on his defence. Pursuant to the provisions of Section 306(2) of the Criminal Procedure Code (Cap 75) Laws of Kenya, I order that the accused has a case to answer and require him to indicate the manner in which he shall give his defence.

5. It is so ordered.

DATED, DELIVERED AND SIGNED ON THIS 7TH DAY OF NOVEMBER 2024. GRACE L. NZIOKAJUDGEIn the presence of:-Mr. Ndiema for the stateMr. Mwai holding brief for Mr. Wairegi for the accusedMr. Komen- Court assistant