Republic v Patrick Muriithi Wanjohi

KER264/2026 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA CRIMINAL CASE NO. E013 OF 2020 REPUBLIC …………………….……………………….................………..PROSECUTOR VERSUS PATRICK MURIITHI WANJOHI………………..……………………… RESPONDENT RULING ON CASE TO ANSWER [1] The accused is charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code with particulars that he “on the night of 25th/26th of October 2020 at Kathaka village Mwerua location in Kirinyaga West Sub-county within Kirinyaga county jointly with others not before the court unlawfully murdered Mercy Ngina Maina.” [2] The Court has considered the evidence presented by the eight (8) prosecution witness and the submissions filed by the Accused dated 3/2 2026. [3] The Court has considered the evidence against the requirement to prove the case beyond reasonable doubt in terms of the elements of the offence of murder contrary to section 203 as read with 204 of the Penal Code. [4] 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 offered by the defence.” [5] The Court has considered that on the postmortem the cause of death was established as “asphyxia caused by tracheal oedema following assault with blunt object” and that on the evidence the accused was the last person seen with the deceased. [6] On the last seen with last seen with doctrine, the accused has a duty and therefore a case to answer and give an explanation as to how the deceased met her death in such 1

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