Director of Public Prosecutions v M’’rinkanya (Criminal Case E010 of 2023) [2025] KEHC 2042 (KLR) (6 February 2025) (Ruling) Neutral citation: [2025] KEHC 2042 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CRIMINAL CASE E010 OF 2023 TW CHERERE, J FEBRUARY 6, 2025 BETWEEN THE DIRECTOR OF PUBLIC PROSECUTIONS ........................... PROSECUTOR AND ZACHARY MURIUNGI M’’RINKANYA ................................................. ACCUSED RULING 1. Zachary Muriungi M’’Rinkanya (Accused) is charged with the ofience of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that he murdered one Judith Kathambi on 11th January, 2023 2. Accused denied committing the ofience of and the prosecution called a total of five witness in support of its case. 3. This court is called upon to determine whether a primafacie case has been established to warrant the Accused person to be placed on his defence to answer to the charge of murder. 4. The Court of Appeal in Chai v Republic [2022] KECA 495 underscored the position that a prima facie case is one where the evidence presented could lead a reasonable tribunal to convict if the accused ofiers no explanation. 5. Upon reviewing the evidence of the five prosecution witnesses, the court determines that a prima facie case has been established. 6. Consequently, under the provisions of Section 306(2) of the Criminal Procedure Code, the accused is hereby called upon to make his defence. DATED THIS 3RD DAY OF FEBRUARY 2025 WAMAE.T.W. CHERERE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2042/eng@2025-02-06 1
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JUDGE DELIVERED AT MERU THIS 6TH DAY OF FEBRUARY 2025 H.M. NYAGA JUDGE This ruling is delivered under the provisiosn of Section 200(1) as read with Section 201 (2 of the Criminal Procedure Code APOLOGY FOR DELAY IN DELIVERING RULING The delay in delivering this ruling was due unfortunate accident involving the judge who initially presided over the matter, which necessitated an unavoidable deferment in the judicial process. The court sincerely regrets inconveniences and uncertainty this delay has caused to all parties. The Judiciary remains steadfast in its commitment to the timely and fair dispensation of justice. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2042/eng@2025-02-06 2
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