Republic v Peter Gitau Mburu [2021] KEHC 3094 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 4 OF 2013

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

VERSUS

PETER GITAU MBURU......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 25th April 2013 at Gathungururu village in Murang’a County, he murdered Bernard Mburu Gitau.

3. He pleaded notguilty. The prosecution called sevenwitnesses.

4. Does the evidence disclose a prima facie case sufficient to place the accused on his defence? Learned counsel for the accused filed submissions on 21st September 2021. He opines that the accused should be acquitted at this stage. The Republic opted not to file submissions.

5. The deceased was the accused’s father. I have paid close attention to the evidence of PW2, a brother of the accused. He was present when a statement under inquiry was obtained from the accused by the DCIO, Chief Inspector Wilson Mati. There is then the circumstantial evidence from PW1, PW4, PW5, PW6 and PW7.

6. According to the postmortem Report produced by PW7 under section 77 of the Evidence Act the deceased died from “severe head injury…..(skull fractures due to blunt force…..)”.

7. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and,  upon the digest of the evidence of all the sevenwitnesses, I find that the Republic has established a prima facie case against the accused.

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

It is so ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 14TH DAY OF OCTOBER 2021

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of:

The accused.

Ms. A. P. Gakumu for the Republic.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.