Republic v Mark Njoroge Wanjiru

Republic v Wanjiru (Criminal Case E003 of 2022) [2025] KEHC 16481 (KLR) (12 November 2025) (Ruling) Neutral citation: [2025] KEHC 16481 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE E003 OF 2022 HI ONG'UDI, J NOVEMBER 12, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND MARK NJOROGE WANJIRU .................................................................... ACCUSED RULING 1. Mark Njoroge Wanjiru the accused herein 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 1st January, 2022 at Molo town in Molo sub-location within Nakuru county murdered Mary Njeri Kamau. 2. The accused denied the charge. The prosecution called a total of eleven (11) witnesses before closing its case. 3. Both the prosecution and defence filed written submissions after the closure of the prosecution case. I have considered both submissions and the evidence on record. It is clear that there was no eye witness to this incident. What has been presented is purely circumstantial evidence. We have several decisions which state that circumstantial evidence if well presented is the best evidence. See 4. i. Ahamad Abolfathi Mohammed & another v Republic (2018) KECA 743 KLR ii. Republic v Kipkering Arap Koske 16 EACA 135 iii. Musili Tulo v Republic [2014] eKLR iv. Simon Musoke v Republic I EA 715 My finding is that the prosecution has established a prima facie case against the accused who I hereby place on his defence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16481/eng@2025-11-12 1

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