Republic v Kinuthia (Criminal Case 15 of 2020) [2024] KEHC 788 (KLR) (17 January 2024) (Ruling) Neutral citation: [2024] KEHC 788 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA CRIMINAL CASE 15 OF 2020 GL NZIOKA, J JANUARY 17, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BENARD WANG’ENDO KINUTHIA ....................................................... ACCUSED RULING 1. The accused is charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. 2. Upon the accused pleading not guilty to the information, the prosecution called a total of seven (7) witnesses. I have considered the evidence adduced by these witnesses at the close of the prosecution case and I rule that, the prosecutor has adduced adequate evidence to place the accused on his defence. Consequently I rule that the accused has a case to answer. 3. Pursuant to the provisions of section 306(2) of the Criminal Procedure Code, I direct that, the accused proceed to inform the court of the manner of defence and/or how the defence will be conducted. 4. It is so ordered. DATED, DELIVERED AND SIGNED THIS 17TH DAY OF JANUARY 2024 GRACE L. NZIOKA JUDGE In the presence of The accused present virtually Mr. Ndiema for the state https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/788/eng@2024-01-17 1
page 1 of 2
Mr. Wairegi for the accused Ms Ogutu - court assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/788/eng@2024-01-17 2
page 2 of 2