REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 10 OF 2012

REPUBLIC...................................................................................PROSECUTOR

VERSUS

PETER NGINYA MAINA.............................................................1^ST ACCUSED

SIRIAKO MAINA NGINYA.........................................................2^ND ACCUSED

RULING

1. The accused are charged with murder contrary to section 203 as read with section 204 of the Penal Code.

2. The particulars are that on the night of 24^th and 25^th February 2011 at Kiawambeu Village, Muchungucha Sub-location, Mbiri Location within Murang’a County, they jointly murdered John Gikungu Waweru.

3. They pleaded not guilty. The prosecution called three witnesses.

4. I have considered the direct and circumstantial evidence surrounding the homicide.

5. I have paid heed to the evidence of PW2. She testified that on 24^th February 2011 at Ndikwe Bar, she saw the two accused persons beat a man unconscious. She also stated that the two dragged the bleeding man outside the bar. When she saw the body of the deceased at a bridge the following day, she claimed it was that of the person assaulted by the accused.

6. There is also the testimony of PW3 that the deceased may have had an illicit affair with the wife of the 1^st accused.

7. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949). 

8. On the summation of the evidence of the all the three witnesses, I am persuaded that the Republic has established a prima facie case against both accused. 

9. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I put both accused on their defence.

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 20^th day of December 2018.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Mr. Kinuthia for Mr. Mwaniki for the accused.

Ms. Gichuru for the Republic.

Ms. Dorcas and Ms. Elizabeth, Court Clerks.