[2018] KEHC 5918 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony that the accused was seen armed with a panga and a hammer and was observed striking the deceased, together with the accused's subsequent disappearance, was sufficient to establish a prima facie case of murder. The evidence, if believed,...
Source-derived case information.
- Citation
- [2018] KEHC 5918 (KLR)
- Parties
- Applicant: Republic; Defendant: Lawrence Kaai Muriuki
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lawrence Kaai Muriuki
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony that the accused was seen armed with a panga and a hammer and was observed striking the deceased, together with the accused's subsequent disappearance, was sufficient to establish a prima facie case of murder. The evidence, if believed, could support a conviction. Therefore, the accused must be put on his defence to answer the charge of murder as required by law.
Court Disposition
Accused placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- The accused will give a sworn statement and has no witnesses.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 08 OF 2013
REPUBLIC.....................................................................PROSECUTION
VS
LAWRENCE KAAI MURIUKI.............................................ACCUSED
RULING
The accused Lawrence Kaai Muriuki is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that Lawrence Kaai Muriuki on the 23r day of December 2011 at Abouthoa village Nkuene – Kioro Sublocation Nkuene Location in Imenti Central District within Meru County murdered Benedict Kirimania M’Impai.
From evidence of PW2 she used to cohabit with the accused at Kaguma market but on the material day PW3 his cousin met him walking towards their home as he was leaving for work at 8. 00 am in the morning.
PW1 said she left home and accused whose home was directly opposite hers was pacing restlessly at his home while armed with a panga. She said her husband was not at home when she also left. After the deceased died accused person disappeared. PW2 said he went back home in the evening as usual and after taking a bath he left and was not seen even when police went looking for him. She said he called after one week to say his cousin got him a job in Nairobi.
From 23rd November 2011 he was only arrested and arraigned in court on 17th January 2013. PW3 also said when he met the accused he was carrying a panga. PW6 said she was at home at 5. 00 pm when the accused passed by while armed with a panga and a hammer. That he went through maize plantation where the deceased was fetching grass for cattle. That she saw the accused hit the deceased on the forehead with the hammer. That she was going to fetch water when she saw the accused cut and hit her father. She said the deceased was bending cutting grass and the accused was very close to him
PW7 said PW6 went running to her home and informed her, her father had been hit and she wanted to help to take him to hospital. From the evidence of the 9 prosecution witnesses this court finds that a prima facie case has been established. Accused person has a case to answer and he is placed on defence.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 28TH DAY OF JUNE 2018.
IN THE PRESENCE OF:
C/A:-Penina
Prosecution: -Mr Kiarie for state
Accused:- Present in person
Mrs Ntarangwi holding brief for Kiogora Mugambi for accused
HON. A.ONG’INJO
JUDGE
Mrs Ntarangwi
Accused will give sworn statement. He has no witness.
Order
Dhg 6. 8.2018
HON. A.ONG’INJO
JUDGE