[2012] KEHC 3984 (KLR)
The court found that the prosecution had established a prima facie case against the accused. The medical evidence confirmed that the deceased died from stab wounds caused by a sharp object, and the eyewitness testimony directly implicated the accused. The corroboration between the medical findings and the eyewitness...
Source-derived case information.
- Citation
- [2012] KEHC 3984 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Wanjiru Nguru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 110 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; put on her defence
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Medical Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Wanjiru Nguru
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 to warrant her being put on her defence.
- 2 Whether the evidence adduced links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused. The medical evidence confirmed that the deceased died from stab wounds caused by a sharp object, and the eyewitness testimony directly implicated the accused. The corroboration between the medical findings and the eyewitness account was sufficient to require the accused to be put on her defence. Therefore, the accused was found to have a case to answer under the law.
Court Disposition
accused found to have a case to answer; put on her defence
Orders
- The accused is found to have a case to answer and is put on her defence.
Full Case Text
Judgment text and source record
26 paragraphs
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CRIMINAL CASE 110 OF 2008
REPUBLIC………………………………….……………………PROSECUTOR
VERSUS
MARY WANJIRU NGURU ................................................................. ACCUSED
RULING
The accused is on trial for the offence of murder. She is alleged to have murdered MIRIAM NJAMBI KIMANI on 2nd December 2008, at Makongeni Phase 4, plot Number 182, in Thika township.
Twelve witnesses have testified on behalf of the prosecution.
Having given due consideration to the evidence adduced so far, I find that the deceased met her death due to cardiac failure that was brought about by stab wounds.
She had a stab wound on the left side of her chest, and another stab wound on the left back part of her chest.
The doctor who conducted the post mortem examination on the body of the deceased said that the wounds had been caused by a sharp object, whose size was smaller than a panga.
Secondly, the doctor expressed the considered professional view that the 2 stab wounds were caused by the same object.
PW 1testified that she saw the accused stab the deceased with a kitchen knife.
The post-mortem examination therefore corroborated the testimony of the alleged eye-witness.
In the circumstances, I find that the prosecution has established a prima facie case against the accused person. I do therefore find that the accused has a case to answer. She is put on her defence.
Dated, Signed and Delivered at Nairobi this 15th day of March, 2012.
.....................................
FRED A. OCHIENG
JUDGE