Republic v Mwa & 5 others [2023] KEHC 3395 (KLR)

Republic v Mwa & 5 others (Criminal Case 7 of 2020) [2023] KEHC 3395 (KLR) (26 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3395 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case 7 of 2020

CM Kariuki, J

April 26, 2023

Between

Republic

Prosecution

and

Harrison Mwa

1st Accused

John Kimweli Musau

2nd Accused

Linus Kipngetich Torer

3rd Accused

Joseph Mureithi

4th Accused

David Kipkemoi

5th Accused

Magdalene Naphapai

6th Accused

Ruling

1. The Six Accused persons were charged with murder offence contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.

2. The particular being that on 3rd day of August 2015 at Gatirima village, Kiambogo Location, within Laikipia County jointly murdered Mary Chepkorir Kiprotich alias Doctor.

3. They pleaded not guilty and matter went into full hearing.

4. The Prosecution called fifteen (15) witnesses and the Court is called to determine whether the Accused persons have a case to answer.

5. The Court has keenly perused the evidence of the account of the eye witnesses and the medical evidence on record. The overall evidence discloses a prima facie case of murder and thus Accused persons are put on their defence.

DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 26TH DAY OF APRIL 2023. ………………………………CHARLES KARIUKIJUDGE