Republic v Nchebere & 2 others [2022] KEHC 11502 (KLR)

Republic v Nchebere & 2 others (Criminal Case 8 of 2016) [2022] KEHC 11502 (KLR) (30 May 2022) (Ruling)

Neutral citation: [2022] KEHC 11502 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case 8 of 2016

EM Muriithi, J

May 30, 2022

Between

Republic

Prosecution

and

Samuel Kinyua Nchebere

1st Accused

Daniel Kareithi Nchebere

2nd Accused

Dickens Mungathia Karigi

3rd Accused

Ruling

1. The accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, with the particulars of the offence being that that they “on the 3rd day of January, 2016 at Mulika Shopping Centre in Tigania East Sub-County within Meru County jointly with others not before court murdered Simon Mungathia Kagwima.” The accused persons pleaded not guilty to the charge and the matter proceeded to trial, the prosecution calling 7 witnesses.

2. At this stage of ruling on case to answer, that is whether there is established on the prosecution evidence a prima facie case, that is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence,” (see Ramanlal T. Bhatt v. R (1957) EA 332, 335), and having regard to the elements of the offence of murder, the Court considers that there is, in this case, in terms of section 306 (2) of the Criminal Procedure Code,evidence that the accused persons committed the offence.

ORDERS 3. Consequently, the accused shall be put on their defence in accordance with section 306 (2) of the Criminal Procedure Code, and their right to adduce evidence in defence in rebuttal shall be explained.Order accordingly.

DATED AND DELIVERED ON THIS 30THDAY OF MAY, 2022. EDWARD M. MURIITHIJUDGEAppearancesMs. B. Nandwa with Ms. Komu, Prosecution Counsel for the State.Mr. Igweta Advocate for the Accused persons.