Republic v Monica Imoni Karube [2017] KEHC 6371 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CRIMINAL CASE NO. 39 OF 2012

REPUBLIC...........................................................PROSECUTOR

VERSUS

MONICA IMONI KARUBE...........................................ACCUSED

RULING

1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.

2. The particulars are that on 21st May 2012 at Burnt Forest trading centre, Uasin Gishu District of the Rift Valley Province, she murdered Daniel Mbugua Githinji.

3. She pleaded notguilty. The prosecution called eightwitnesses. The accused is the widow of the deceased. I have considered the direct and circumstantial evidence surrounding the homicide in this case. PW1 testified of the turbulent relationship between the accused and the deceased. They had cohabited for only three months. There was evidence of a struggle outside their house before the deceased was stabbed and died.

4. I have in particular paid close attention to the evidence of PW1, PW2 PW3, PW4, PW7 (the pathologist) and PW8. I have also taken into account the written submissions by the learned Prosecution Counsel filed on 13th March 2017. The learned defence counsel elected not to make submissions at this stage.

5. On the summation of the evidence of the eight witnesses; and, on the authorities of Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949), I am persuaded that the Republic has established a prima facie case.

6. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now put the accused on her defence.

It is so ordered.

DATED, SIGNED and DELIVERED at ELDORET this 25th day of April 2017.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Mumu for the Republic.

Mr. J. Kemboi, Court Clerk.