Case Metadata |
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| Case Number: | Criminal Case 17 of 2001 |
|---|---|
| Parties: | Republic v James Muriithi,Paul Kariuki Njagi,James Njue Nyaga & Christopher Mbugi-Dead |
| Date Delivered: | 24 Nov 2003 |
| Case Class: | Criminal |
| Court: | High Court at Nyeri |
| Case Action: | Ruling |
| Judge(s): | John Micheal Khamoni |
| Citation: | Republic v James Muriithi & 3 others[2003] 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 |
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 17 OF 2001
REPUBLIC..............................................................APPELLANT
VERSUS
JAMES MURIITHI ……………………………………… ACCUSED
PAUL KARIUKI NJAGI ………………………………… ACCUSED
JAMES NJUE NYAGA …………………………………… ACCUSED
CHRISTOPHER MBUGI ………………………… ACCUSED-DEAD
RULING
From the evidence before me, I do not think I need submissions from the prosecutor and the Defence counsel as it is perfectly clear that there is no evidence adduced proving the charge of murder facing the three accused persons.
The evidence adduced is not only inadequate but is does not also support the charge in the information before me dated 20th November 2000 which alleges that the murder the accused persons committed was committed on 3rd and 4th April 2000.
The evidence adduced is to the effect that that murder was committed on 12th and 13th April 2000.
The above being the position, I find each Accused person not guilty under Section 306(1) of the Criminal Procedure Code and order each Accused released forthwith unless lawfully detained in some other cause.
Dated this 24th day of November 2003.
J.M. KHAMONI
JUDGE
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