[2025] KEHC 7434 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Steven Marigi Ngare, for the offence of murder. The evidence, including the post mortem report indicating death by excessive bleeding from a stab wound and the testimonies of seven prosecution witnesses, was sufficient to...
Source-derived case information.
- Citation
- [2025] KEHC 7434 (KLR)
- Parties
- Applicant: Republic; Defendant: Steven Marigi Ngare
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- 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
Steven Marigi Ngare
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Steven Marigi Ngare, for the offence of murder. The evidence, including the post mortem report indicating death by excessive bleeding from a stab wound and the testimonies of seven prosecution witnesses, was sufficient to warrant placing the accused on his defence. The court held that the cause of death was not natural and that the prosecution's case met the threshold required under Section 306(2) of the Criminal Procedure Code for the accused to be called upon to answer the charge.
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
21 paragraphs
Republic v Ngare (Criminal Case E007 of 2021) [2025] KEHC 7434 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7434 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E007 of 2021
HI Ong'udi, J
May 28, 2025
Between
Republic
State
and
Steven Marigi Ngare
Accused
Ruling
1. Steven Marigi Ngare hereinafter referred to as the accused stands charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. The particulars being that the accused on 30th January, 2021 at Shogocho village in Elburgon Molo subcounty within Nakuru county murdered Margaret Wanjiku Muchiri.
2. He denied the charge and the matter proceeded to full hearing with the prosecution calling a total of seven (7) witnesses. The witnesses stated what they knew about the case.
3. Upon the close of the prosecution case, both counsel filed written submissions which I have read and considered. There is no dispute that the deceased died out of excessive bleeding in the chest and heart as per the post mortem. She had a stab wound on the chest – with a cut on the forehead.
4. The cause of death was therefore not a natural one.
5. Upon doing an analysis of the evidence, I am satisfied that the prosecution has made out a prima facie case warranting this court to place the accused on his defence under section 306(2) of the Criminal Procedure Code which I hereby do.
6. Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 28TH DAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE