Republic v Samuel Mbugua Mwaura [2014] KEHC 4726 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL  CASE NO. 52 OF 2010

REPUBLIC…………..……………………………….PROSECUTOR

VERSUS

SAMUEL MBUGUA MWAURA ……….............……….. ACCUSED

RULING

The accused, Samuel Mbugua Mwaura is facing trial for the murder of Charles Maina Mwangi. He is alleged to have committed the offence on 30th June/1st day of July, 2010 at Pipeline EstateinEmbakasiwithinNairobi County. He denied the charge when arraigned in court on 2nd August, 2010.

The prosecution has called a total of 7 witnesses.  At the close of the prosecution’s case both the prosecution and the defence filed written submissions. I have carefully considered the evidence now on record and the submissions filed on behalf of the accused and the Republic.

I find that the prosecution has established a prima facie case to warrant putting the accused on his defence. He has a case to answer. I require him to make his defence as per Section 306 of the Criminal Procedure Code.

Ruling deliveredanddatedat Nairobi this 27thday of May, 2014

R. LAGAT - KORIR

JUDGE

In the presence of:

……………………………..: Court clerk

………………………......... : 1st Accused

……………………………..: For the Accused

……………………………..:  For the State