Republic v Muriu

Republic v Muriu (Criminal Case 15 of 2019) [2025] KEHC 10416 (KLR) (17 July 2025) (Ruling) Neutral citation: [2025] KEHC 10416 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA CRIMINAL CASE 15 OF 2019 EM MURIITHI, J JULY 17, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND STEPHEN WAWERU MURIU .................................................................... 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, with Particulars of the ofience that on the 15th July, 2019 at Thumaita B. Village, Mwerua location, in Kirinyaga county murdered Susan Wanjiru Rukenya. 2. The Prosecution called 5 witnesses. 3. The Court has considered as required under section 306 of the Criminal Procedure Code whether there is evidence that the accused person committed the ofience. At this stage, the court is required to consider whether the prosecution evidence has established a prima facie case, which as held in Ramanlal T. Bhatt v. R (1957) EA 332, 335 is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is ofiered by the defence.” 4. Where the Court finds that a prima facie case has been established as held in Kibera Karimi v. R (1979) KLR 36 (Trevelyan & Todd JJ), so as not to prejudice the fair trial of the case by giving the impression that the court has already made up its mind without hearing the defence, the |Court does not give detailed reasons. See also Festo Wandera Mukando v. R (1976 – 80) KLR 1626 and Antony Njue Njeru v R, Nairobi C.A. Cr. Appeal No. 77 of 2006 and the Kenya Judiciary Criminal Procedure Benchbook, 2018 at 99-100. 5. In this case, upon consideration of the prosecution evidence adduced by the 5 prosecution witnesses, the submissions of Counsel especially the principles on application of dying declarations, and having regard to the ingredients of the ofience of murder, the Court finds that there is evidence that the accused https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10416/eng@2025-07-17 1

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