Republic v Titus Kathurima

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 105 OF 2013 REPUBLIC........................................................PROSECUTION VERSUS TITUS KATHURIMA................................................ACCUSED RULING The accused Titus Kathurima was charged with the offence of Murder contrary to Section 203 as read with section 204 of the Penal code. Particulars are that Titus Kathurima on the 9 th day of December 2013 at Kironya village Naari Location Buuri District within Meru County murdered Martin Murithi. The deceased told PW1 Joseph Muthomi that accused had assaulted and injured him. PW2 Alex Murithi was at accused persons place when the deceased went to inquire about his fertilizer from the accused and a fight ensued, PW2 was unable to separate them and he left them fighting. PW4 Douglas Kaimenyi went to borrow cigarette from the deceased on 1.12.2013 and found him injured. Deceased told him it was accused who had assaulted and injured him with an unknown weapon. PW4 organised to take the deceased to hospital after 2 days and he was admitted but he died on 9th December 2013. Dr Njeru did post mortem on the body of the deceased and established cause of death as severe head injury due to blunt force trauma. The evidence of the 6 witnesses for the prosecution point directly at the accused as the one who perpetrated the death of the deceased herein. A prima facie case has been established. Accused has a case to answer and he is placed on defence. HON. A.ONG’INJO JUDGE RULING SIGNED, DELIVERED AND DATED THIS 2ND DAY OF AUGUST 2018. IN THE PRESENCE OF: C/A:-Penina Mrs Ntarangwi Advocate for Accused Mrs Mwathi for state. Court: S.211 CPC complied with. Mrs Ntarangwi: Accused will give sworn statement. He doesn’t have witnesses. Order

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