REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO.28 OF 2010 REPUBLIC................................................PROSECUTOR VERSUS JAMES MAINA KIMANI ALIAS JIMMY................................................. ACCUSED RULING The accused James Maina Kimani alias Jimmy is facing trial for the murder of one Samuel Gichimu Waruta. The offence is alleged to have been committed on 17 th May 2010 at about 6.30p.m. at Namis Pub in Gitambaa village of Thika District within Central Province. The prosecution has called 8 witnesses. The facts of the case as narrated by the prosecution witnesses are that the deceased and the accused engaged in a fight in which the deceased was stabbed. The postmortem report shows that the deceased bled to death. At the close of the prosecution case, both the prosecution and defence counsel tendered submissions. I have carefully considered the evidence and the submissions now on record. I have come to the conclusion that the prosecution has established a prima facie case against he accused. He is at liberty to make an election on his defence in accordance with Section 306 of the Criminal procedure Code. Orders accordingly. Ruling delivered, dated and signed at Nairobi this 11th day of May, 2016. R. LAGAT-KORIR JUDGE In the presence of:…………………………: Court clerk …………………………: Accused …………………………: For accused …………………………: For State
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