REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 28 OF 2012

[FORMERLY NYERI HCCR 56 OF 2009]

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

VERSUS

JORAM MWAURA KIMANI.................................ACCUSED

RULING

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

2. The particulars are that on 15^th November 2009 at Nguthuru village, Muran’ga South District within Central Province, he murdered Margaret Wanjiru Irungu.

3. He pleaded not guilty. The prosecution called six witnesses. There is direct and circumstantial evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1 who claimed that he saw the accused stab the deceased in the chest. The screams by PW1 attracted PW2 and PW3 to the scene. The commotion also caught the attention of PW4 who went to the scene. The Post Mortem Form (exhibit 1) produced by PW6 on behalf of the pathologist shows that the cause of death was a penetrating chest injury to the left lung and left ventricle.

4. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949).  On the summation of the evidence of the all the six witnesses, I am persuaded that the Republic has established a prima facie case against the accused. 

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

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 16^th day of January 2020.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Gichuru for the Republic.

Mr. Gichuki holding brief for Mr. Kirubi for the accused.

Ms. Dorcas & Ms. Elizabeth, Court Clerks.