Republic v Patrick Macharia Muiruri alias Machaa [2018] KEHC 3652 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 14 OF 2012

[FORMERLY NYERI HCCR 21 OF 2012]

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

VERSUS

PATRICK MACHARIA MUIRURIaliasMACHAA..........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 the night of 21st and 22nd May 2012 at Nguku Trading Centre, Githima Sub-location, Murang’a County, he murdered Elijah Kiarie Mwangi.

3. He pleaded notguilty. The prosecution called sixwitnesses. I have considered the direct and circumstantial evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1, PW2, PW4 and PW5 who all stated that Machaa poured paraffin on the deceased’s clothing and set him alight.

4. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949).  On the summation of the evidence of the all the six witnesses, I am persuaded that the Republic has established a prima facie case against the accused.

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

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 9th day of October 2018.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Gichuru for the Republic.

Ms. Dorcas and Ms. Elizabeth, Court Clerks.