REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL CASE NO. 40 OF 2010 REPUBLIC……………...…...........…..PROSECUTOR -VERSUS ESTHER WANJIKU GITARI…………1ST ACCUSED PETER MBURU KINUTHIA..….........2ND ACCUSED RULING 1. The two accused persons are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. I have considered the entire evidence adduced by the prosecution in support of its case against the two accused persons. I find that the prosecution has failed to establish a prima facie case against the 1st accused person. I will acquit her at this stage for reasons to be given in judgment. 3. The 2nd accused has a case too answer and I place him on his defence. Dated 23rd day of July, 2015. LESIIT, J JUDGE
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