Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO. 20 OF 2010 REPUBLIC.........................................................................................STATE VERSUS DAVID NJENGA KAHIU...................................................1 ST ACCUSED JOYCE KATHAMBI SOLOMON....................................2ND ACCUSED SAMSON MUIGAI NGURU.............................................3RD ACCUSED RULING The three accused persons DAVID NJENGA KAHIU (hereinafter referred to as the 1 st accused). JOYCE KATHAMBI SOLOMON (hereinafter referred to as the 2 nd accused) and SAMSON MUIGAI NGURU (hereinafter referred to as the 3 rd accused) all jointly face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. All three accused persons pleaded ‘Not Guilty’ to the charge. The prosecution called a total of fifteen (15) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. With respect to the 1st and 2nd accused persons I am satisfied that a prima facie case has been established and I do direct that the two shall give their defence to the charge. With respect to the 3rd accused I find that no prima facie case has been established. Reasons will be given in the final judgment. I enter a verdict of ‘Not Guilty’ in respect of the third accused SAMSON MUIGAI NGURU and I acquit him of this charge of murder. The 3rd accused is to be set at liberty forthwith unless he is otherwise lawfully held. Dated and Delivered in Nakuru this 3rd day of March, 2017. Mr. Kemboi holding brief for Mr. Wambeyi Court – Defence hearing on 2/5/2017. MAUREEN A. ODERO JUDGE