[2025] KEHC 2645 (KLR)
The court found that the prosecution had adduced sufficient evidence, including medical testimony on the cause of death and witness accounts, to establish a prima facie case against the accused. The injuries sustained by the deceased were not from natural causes, and the evidence presented, if believed, could...
Source-derived case information.
- Citation
- [2025] KEHC 2645 (KLR)
- Parties
- Applicant: Republic; Defendant: Elvis Maina Ndung’u
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2022
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- HI Ong'udi
- 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
Applicant
Elvis Maina Ndung’u
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including medical testimony on the cause of death and witness accounts, to establish a prima facie case against the accused. The injuries sustained by the deceased were not from natural causes, and the evidence presented, if believed, could support a conviction. Therefore, the accused is required to be placed on his defence in accordance with 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 placed on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ndung’u (Criminal Case E005 of 2022) [2025] KEHC 2645 (KLR) (5 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2645 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E005 of 2022
HI Ong'udi, J
March 5, 2025
Between
Republic
Prosecutor
and
Elvis Maina Ndung’u
Accused
Ruling
1. Elvis Maina Ndung’u the accused herein is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. The particulars are that on the night of 6th November, 2021 at Heshima Trading Center in Nakuru North Sub County within Nakuru County he murdered Carol Muthoni Njogu. He denied the charge and the case proceeded to full hearing. The Prosecution called ten (10) witnesses.
2. The cause of death as stated by PW6 was brain damage hypoglycemia in a body with subactaneous bruising. She had injuries, bruises on the forehead, knee and chest, blood clots were noted on the back and right side of the head. This was not a natural cause of death. PW7 also produced the deceased’s medical documents of her attendance at Kenland Health Services.
3. PW8 produced a report confirming that the deceased had elements of ethanol (alcohol) in her blood.
4. PW1 and PW2 gave evidence on what they knew about this case. PW3 who was a close friend of the deceased also explained to the court what she witnessed.
5. I have considered all this evidence alongside the submissions by both parties. I am satisfied that the prosecution has established a prima facie case warranting this court to place the accused person on his defence under section 306(2) of the Criminal Procedure Code, which I hereby do.
6. Orders accordingly.
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 5TH DAY OF MARCH, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE