Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO. 25 OF 2012 [FORMERLY NYERI HCCR 36 OF 2011] REPUBLIC.........................................................PROSECUTOR VERSUS WILLIAM MBURU MUNGAI.................................ACCUSED RULING 1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code. 2. The particulars are that on the night of 16 th and 17th November 2011 at Gatune village, Githima Sub-location, Murang’a County, he murdered Evans Mungai Kibunja. 3. He pleaded not guilty. The prosecution called six witnesses. Learned counsel for the accused, Mr. Kirubi, filed submissions on 31st January 2019. Learned Prosecution Counsel, Ms. Gichuru, opted not do so. 4. I have considered the submissions and the circumstantial evidence surrounding the homicide. I have in particular paid close attention to the evidence of PW1 and PW2 which suggests that the deceased and his son (the accused) had an altercation on the material night. The two were living in the same compound. The body of the deceased was found there the following morning. There is the additional evidence from the pathologist (PW5) and that of the investigating officer (PW6). 5. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949). On the summation of the evidence of the all the six witnesses, I am persuaded that the Republic has established a prima facie case against the accused. 6. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I put the accused on his defence. It is so ordered. DATED, SIGNED and DELIVERED at MURANG’A this 27th day of March 2019. KANYI KIMONDO JUDGE Ruling read in open court in the presence ofAccused. Mr. Kirubi for the accused. Ms. Gichuru for the Republic. Ms. Dorcas and Ms. Elizabeth, Court Clerks.