[2025] KEHC 8952 (KLR)
The court found that the prosecution, through the testimony of eight witnesses and the evidence presented, had established a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, would be sufficient to put the accused on his defence. Accordingly, the court ruled that the...
Source-derived case information.
- Citation
- [2025] KEHC 8952 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Wahome Karienye
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Judgment Date
- 24 June 2025
- Case Number
- Criminal Case 4 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer at Close of Prosecution Case
- Outcome
- Accused placed on his defence under Section 306(2) of the Criminal Procedure Code.
- Judges
- PN Gichohi
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Wahome Karienye
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses and the evidence presented, had established a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, would be sufficient to put the accused on his defence. Accordingly, the court ruled that the accused must be placed on his defence under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence under Section 306(2) of the Criminal Procedure Code.
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Karienye (Criminal Case 4 of 2014) [2025] KEHC 8952 (KLR) (24 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8952 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 4 of 2014
PN Gichohi, J
June 24, 2025
Between
Republic
Prosecutor
and
Patrick Wahome Karienye
Accused
Ruling
1. The Accused was charged with the offence of murder contrary to Section 203 as read together with 204 of the Penal Code. The particular rs of the Charge were that on 5th day of January, 2014 at KFA village in Solai, within Rongai District within Nakuru County, he murdered Anthony Mwangi Wahome.
2. He denied the charge and the prosecution called Eight (8) witnesses in support of its case.
3. At the close of the Prosecution case, both parties filed and exchanged their submissions.
4. After considering the entire evidence and the submissions filed herein, this Court is satisfied that a prima facie case has been established to warrant the accused person being placed on his defence.
5. Accordingly, he is hereby placed on his defence under Section 306 (2) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 24TH DAY OF JUNE 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for the StatePatrick Wahome Karienye - AccusedMs Wangari for Mr. Waiganjo for AccusedKamau , Court Assistant