REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL CASE NO. 11 OF 2016 REPUBLIC ...........…………………... …....................................PROSECUTION VERSUS ALICE WANGU MWANGI .............................................................ACCUSED RULING The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. The particulars of the offence are that on the 21st day of November, 2016 at Kiawara trading centre in Kieni West sub county of Nyeri county within the Republic of Kenya you murdered Samuel Mwangi Wanjiru. This matter proceeded to full trial after the accused pleaded not guilty to the charges. The prosecution called a total of 8 witnesses. The accused was subjected to a mental examination by a consultant psychiatrist Mwenda Richu and she was found to be mentally fit to stand trial. Postmortem examination was carried by Dr. Virginia Mwama PW9 on the body of the deceased who observed that the deceased suffered deep cut wounds which pierced the 5 th and 6th ribs into the heart which injuries were fatal. PW3 Regina Kago on the 21st day of November, 2016 went outside to relieve herself and saw the man lying on the ground within their compound. She went and informed a neighbor Eunice Wangui (PW1). The accused also a neighbor came out and identified the man as her former husband. The accused was saying that they had quarreled and stabbed him with a knife. During investigations a big knife was recovered at the scene by police. It had blood stains. The prosecution evidence was that the deceased and the accused were formerly a husband and wife but they separated and that on the material day they had a misunderstanding as a result HIGH COURT CRIMINAL CASE NO. 11 OF 2016 1
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of which the accused armed herself with a knife and stabbed the deceased severally and he sustained the fatal injuries. At this stage of proceedings, it is the duty of the court to examine and establish whether the prosecution has made out a prima facie case. In the case of Ronald Nyaga Kiura vs. Republic (2018) eKLR it was observed: ‘-----A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by the accused person.’ In the Court of Appeal case of Ramanlal Bhatt vs. Republic (1957) EA. 322 it was similarly held: ‘At that stage of proceedings the trial court does not concern itself to the standard of proof required to convict which is normally beyond reasonable doubt. The weight of the evidence however, must be such that it is sufficient for the trial court to place the accused in his defence.’ Having gone through the evidence on record, I am satisfied that the prosecution has made out a prima facie case and the accused is accordingly placed on his defence. RULING READ and DELIVERED in open court virtually this 20th day of April, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Kinyua - Court Assistant HIGH COURT CRIMINAL CASE NO. 11 OF 2016 2
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