[2021] KEHC 3129 (KLR)
The court found that the prosecution, through the testimonies of seven witnesses including an eyewitness who saw the accused assaulting the deceased and a medical expert who confirmed the cause of death as head trauma, had established a prima facie case of murder against the accused. Applying the legal standards set...
Source-derived case information.
- Citation
- [2021] KEHC 3129 (KLR)
- Parties
- Respondent: Republic; Defendant: Eunice Muthoni Wanjihia
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- accused placed on her defence
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Eunice Muthoni Wanjihia
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimonies of seven witnesses including an eyewitness who saw the accused assaulting the deceased and a medical expert who confirmed the cause of death as head trauma, had established a prima facie case of murder against the accused. Applying the legal standards set out in Bhatt v Republic and R v Kipkering arap Koske, the court determined that the evidence, if unchallenged, would be sufficient to warrant a conviction. Consequently, the accused was placed on her defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on her defence
Orders
- The accused is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
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 notguilty. The prosecution lined up sevenwitnesses.
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 sevenwitnesses, 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.