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Original judgment

High Court 11849 of 2026

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL CASE NO. E019 OF 2022 REPUBLIC ....................................................................................... .............PROSECUTOR VERUSUS DENNIS NG’ANG’A GATHARA DENNO .................................................ACCUSED Alias RULING The prosecution in this case called a total of seven (7) witnesses. The prosecution evidence is that on the 9th October, 2019 at around 7.00 pm PW1 and PW2 were in the company of the Deceased heading home. While near Kanjuri Boys High School while on the way the accused whom they knew before confronted them and drew out a knife and stabbed the Deceased on the stomach and proceeded to injure PW2 on the left side of the neck and decided to disappear. They testified to have seen the accused clearly from light sourced from the gate of Kanjuri Boys High School. They also knew the accused before so the chances of mistaken identity were nil. The cause of death was ascertained by the pathologist (PW4) as penetrating abdominal stab wound from a sharp object. PW2 was examined by a doctor at Karatina hospital. He was found to have sustained a stab wound on the left side of the neck and that the injuries were caused by a sharp object. The accused was sought for and was arrested at Kagio in Kirinyiga county. He was found fit to stand for trial as he was mentally fit as per the psychiatrist report dated 13th October, 2017 and produced in court. At this stage of proceedings all that is required from the court is to find whether a prima facie case has been made out against the accused to warrant him to be placed in his defence. I have carefully analysed the evidence adduced before this court and I am satisfied that the accused has a case to answer. Section 306 (2) of the Criminal Procedure Code to be explained to the accused. HIGH COURT CRIMINAL CASE NO. E019 OF 2022 1

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RULING DATED, SIGNED and DELIVERED this 18th day of February, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Kaniu – For the ODPP Court assistant – Kinyua HIGH COURT CRIMINAL CASE NO. E019 OF 2022 2

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