REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO. 24 OF 2019 REPUBLIC ………………………………………..….…..…..PROSECUTION VERSUS TABITHA NJERI WAWERU …………….…..………….……..….ACCUSED RULING ON CASE TO ANSWER Introduction 1. This is a Ruling on a Case to Answer pursuant to Section 306 of the Criminal Procedure Code. The issue before the Court is whether there is prima facie evidence that the Accused Person committed the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, having regard to the elements of the offence of murder as observed in R. –vs- Nyambura & 4 Others (2001) KLR 355, and approved by the Court of Appeal in Antony Ndegwa Ngari –vs- R [2014] eKLR. 2. The Prosecution alleges that:“The Accused Person, TABITHA NJERI WAWERU, on 12th May 2018 at Makongeni Trading Centre, Thika West SubCounty, Kiambu County murdered one PETER NJIINI MUTHII.” Prima Facie Case in Criminal Cases 3. At this stage, the Court considers the prosecution evidence to HCCR. CASE NO.24 OF 2019 RULING - Page 1 of 3
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establish whether a prima facie case exists, which was held in Ramanlal T. Bhatt –vs- 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.” 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) the court does not analyze the evidence on record 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. [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. Where the court does not find that a prima facie case for the offence to have been established, a finding of not guilty is entered on the accused person pursuant to Section 306 (1) of the Criminal Procedure Code, and the accused is entitled to an acquittal, (see: Murimi v R (1967) EA 542 and Wachira v. R (1975) EA 262), and the Court is required to give full reasons for the decision at this stage of case to answer, being a final decision for the trial court. Finding 6. In this case, upon considering the testimony of the eight (8) Prosecution witnesses, this Court finds that the Prosecution has established a prima facie case against the Accused Person in this HCCR. CASE NO.24 OF 2019 RULING - Page 2 of 3
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case which requires rebuttal by the Accused Person, TABITHA NJERI WAWERU. Orders 7. Accordingly, and upon the finding that the Prosecution has established a prima facie case against the Accused Person for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, the Court calls on the Accused Person to make their defence in terms of Section 306 (2) of the Criminal Procedure Code. 8. The Accused’s rights under Section 306 (2) of the Criminal Procedure Code shall be explained. 9. The case shall be mentioned for directions as to Defence hearing, which date shall be fixed by consent immediately after the delivery of this Ruling. 10. Orders Accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 30TH DAY OF JULY 2026. ______________________________________ BAHATI MWAMUYE MBS JUDGE Delivered in the presence of: 1. Accused Present in Court 2. Ms. Caroline Muriu – Prosecution Counsel 3. Mr. Warutere Munene - Defence Counsel 4. Mr. Martin Mwenda - Court Assistant HCCR. CASE NO.24 OF 2019 RULING - Page 3 of 3
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