[2015] KEHC 5482 (KLR)
The court found that the prosecution had adduced sufficient evidence through the testimonies of 11 witnesses, both civilian and expert, which, if unchallenged, would be capable of supporting a conviction for murder against each of the accused persons. The evidence established a prima facie case linking each accused,...
Source-derived case information.
- Citation
- [2015] KEHC 5482 (KLR)
- Parties
- Applicant: Republic; Defendant: Albert Njiru; Defendant: Elijah Kimoi; Defendant: Job James Weru; Defendant: Daniel Pakar Matunge; Defendant: Stephen Arika; Defendant: Kennedy Ominde
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Each accused person found to have a case to answer and put on their defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Criminal Liability, Case to Answer, Police Officer Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Albert Njiru
Defendant
Elijah Kimoi
Defendant
Job James Weru
Defendant
Daniel Pakar Matunge
Defendant
Stephen Arika
Defendant
Kennedy Ominde
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to warrant putting them on their defence.
- 2 Whether the evidence links the accused persons to the murder of Stephen Gichuhi Njoroge.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through the testimonies of 11 witnesses, both civilian and expert, which, if unchallenged, would be capable of supporting a conviction for murder against each of the accused persons. The evidence established a prima facie case linking each accused, all of whom were police officers on duty at the material time, to the fatal shooting of the deceased. Accordingly, the court ruled that each accused person has a case to answer and must be put on their defence as required by law.
Court Disposition
Each accused person found to have a case to answer and put on their defence.
Orders
- Each accused person is put on his defence.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.79 OF 2012
REPUBLIC…….…………………………………….PROSECUTOR
VERSUS
ALBERT NJIRU ……….…..……………………...….1ST ACCUSED
ELIJAH KIMOI……………………………….…..….…2ND ACCUSED
JOB JAMES WERU ……………………...……….….3RD ACCUSED
DANIEL PAKAR MATUNGE ………………….....…..4TH ACCUSED
STEPHEN ARIKA ………………………….…….......5TH ACCUSED
KENNEDY OMINDE ………………………….....…...6TH ACCUSED
RULING
The six accused persons namely Albert Njiru, Elijah Kimoi, Job James Weru, Daniel Pakar Matunge, Stephen ArikaandKennedy Omindeare charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence is that on 14th January 2011 along Slaughter earth road at Ruaka area Gigiri within Nairobi County they murdered Stephen Gichuhi Njoroge.
The prosecution has called a total of 11 witnesses. The summary of the prosecution case which has emerged from the witnesses statements and testimonies is that the deceased and four others were driving home on the night of 14th January 2011 when they encountered the accused persons. The accused persons signaled them to stop and opened fire killing the deceased instantly. The testimony of both the civilian witnesses and the expert witnesses have linked the fatal shooting of the deceased to the accused persons who were on duty as police officers.
I have carefully considered the evidence now on record. I find each accused person has a case to answer. Each one of them is put on his defence.
Orders accordingly.
Ruling delivered, and signed at Nairobi this 24th day of February, 2015.
R. LAGAT – KORIR
JUDGE
In the presence of:-
1st ,2nd 3rd 4th and 5th Accused
……………………………….: Court clerk
……………………………....: For the 1st accused
……………………………….: For the 2nd accused
……………………………….: For the 3rd accused
……………………………….: For the 4th accused
……………………………….: For the 5th accused
……………………………….: For the 6th accused
……………………………….: For the State