Republic v Paul Kamau Irungu [2021] KEHC 4575 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYAHURURU

MURDER CASE NO. 16 OF 2018

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

VERSUS

PAUL KAMAU IRUNGU.................................................................................ACCUSED

RULING

1. The accused is charged with offence of Murder Contrary to Section 203 as read with Section 204 Penal Code.  Particulars being that on night of 23rd and 24th September, 2018 at Kongoni village in Nyahururu Sub-County in Laikipia county, murdered Penina Wanja Njoki.

2. The prosecution called 5 witnesses.  I have perused the evidence of PW1, 2, 3, 4 and 5.  Specifically PW3 and 4 Isaac Irungu and Edward Mwangi children of deceased and accused, who were eye witnesses who claim to have witnessed the incident leading to death of the victim, their mother in the hands of the accused, their father.

3. PW5 a doctor confirmed the injuries sustained by the victim and the cause of death.

4. In view of the aforesaid observations, I find a prima facie case has been established to warrant the court to put accused on his defence.

5. Thus the accused will offer his defence accordingly as per law provided.

Dated, Signedand Deliveredat NYAHURURUthis 27th day of July, 2021.

.......................................

CHARLES KARIUKI

JUDGE