REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO. 5 OF 2013 REPUBLIC …………..………………………………...…….. PROSECUTOR VERSUS GEOFFREY KINJUANJUI GICHOHI……...………………....………ACCUSED RULING The accused GEOFFREY KINYANJUI GICHOHI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charge were that “On the 14th day of January 2013 at Mugumo Village, Rurii Location in Nyandarua County, murdered BRIAN MUHORO GICHOHI” The accused entered a plea of ‘Not Guilty’ to the charge. The accused was first arraigned in court in January 2013 but it was not until May 2014 that his trial commenced. The prosecution only called one (1) witness in support of the case. This was DR. PATRICK KARUIKI who was by then stationed at Olkalau Hospital. PW1 testified that an autopsy was conducted on the body of the deceased on 15/1/2013. The deceased was found to have sustained a factured skull. The cause of death was opined to be ‘severe head injury consistent with blunt injury to the head”. The duly completed and signed post mortem report was produced as an exhibit P.exb 1. No other witness was availed by the prosecution in this case. Despite several adjournments granted by the court the prosecution failed and/or declined to produce any other witness. As it is all the court can with certainty is that the deceased died. There is no evidence whatsoever linking the accused to the death of the deceased. No prima facie case had been established. I therefore enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held. Dated in Nakuru this 27th day of January, 2017. Ms Yebei holding brief for Mr. Orege Maureen A. Odero Judge
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.