Republic v Kimani

Republic v Kimani (Criminal Case 13 of 2019) [2025] KEHC 6307 (KLR) (14 May 2025) (Ruling) Neutral citation: [2025] KEHC 6307 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE 13 OF 2019 HI ONG'UDI, J MAY 14, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND ALEX WANJAU KIMANI ........................................................................... ACCUSED RULING 1. Alex Wanjau Kimani the accused stands charged with the ofience of murder contrary to section 203 as read with section 204 of the penal code. The particulars being that the accused on the 11th day of January, 2019 at Tina Garden Hostels Egerton Njoro sub-county within Nakuru County murdered Anisa Furaha Mwaguni. 2. The accused denied the charge and the case proceeded to full hearing with the prosecution calling a total of eleven (11) witnesses. 3. Upon closure of the prosecution case both counsel filed written submissions which I have considered alongside the evidence by all the witnesses. 4. Mr. Karanja Mbugua for the accused has raised an issue about the statement of information (charge sheet) being drafted, signed and stamped by the OCS Njoro police station. To that, all I can say is that the statement of information (charge sheet) before this court dated 22nd February, 2019 and filed on the same day is signed by Mr. Amos Chigiti Assistant Director of Public Prosecutions for the Director of Public Prosecution and not an OCS as claimed by counsel. The accused was first presented before this court on 22nd February, 2019 as per the record. 5. Upon due consideration of the evidence by the eleven (11) witnesses I find that: i. The cause of death as stated by PW4 was asphyxia plus strangulation ii. The prosecution has made out a prima facie case against the accused who I hereby place on his defence under section 306(2) of the Criminal Procedure Code. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6307/eng@2025-05-14 1

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