Case Metadata |
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| Case Number: | Criminal Case 13 of 2019 |
|---|---|
| Parties: | Republic v Eunice Muthoni Wanjihia |
| Date Delivered: | 12 Oct 2021 |
| Case Class: | Criminal |
| Court: | High Court at Murang'a |
| Case Action: | Ruling |
| Judge(s): | Kanyi Kimondo |
| Citation: | Republic v Eunice Muthoni Wanjihia [2021] eKLR |
| Court Division: | Criminal |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 13 OF 2019
REPUBLIC.........................................................PROSECUTOR
VERSUS
EUNICE MUTHONI WANJIHIA............................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 17th June 2019 at Huhoini village, Kandara Sub-County within Murang’a County, she murdered Michael Gichaga Ngaruiya.
3. She pleaded not guilty. The prosecution lined up seven witnesses.
4. I am now called to determine whether their evidence is sufficient to place the accused on her defence.
5. Learned counsel for the accused, Mr. Waweru Nyambura, filed submissions on 30th July 2021. Learned Prosecution Counsel, Mr. Sebastian Mutinda, also filed his submissions on even date.
6. I have paid heed to the evidence of Jemimah Nyambura (PW1). She testified that she first saw the accused assaulting the deceased and then hitting him with a plank of wood on the head.
7. According to the Dr. Eunice Kimani (PW7) the autopsy revealed that the deceased died from “massive intracranial haemorrage secondary to trauma to the head”.
8. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the seven witnesses, I find that the Republic has established a prima facie case against the accused.
9. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on her defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 12TH DAY OF OCTOBER 2021.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of:
The accused.
Mr. Waweru Nyambura for the accused.
Ms. A. P. Gakumu for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.
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