[2025] KEHC 5778 (KLR)
The court found that the prosecution's evidence, including the testimony of thirteen witnesses and the post mortem report, established that the deceased did not die a natural death. The court was satisfied that the prosecution had made out a prima facie case against both accused persons, sufficient to require them...
Source-derived case information.
- Citation
- [2025] KEHC 5778 (KLR)
- Parties
- Applicant: Republic; Defendant: James Wanderi; Defendant: Stephen Gichana
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2022
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Both accused placed on their 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
James Wanderi
Defendant
Stephen Gichana
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced proves the charge of murder as required by law.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of thirteen witnesses and the post mortem report, established that the deceased did not die a natural death. The court was satisfied that the prosecution had made out a prima facie case against both accused persons, sufficient to require them to be placed on their defence under section 306(2) of the Criminal Procedure Code. The court therefore ordered that both accused be put on their defence to answer to the charge of murder.
Court Disposition
Both accused placed on their defence under section 306(2) of the Criminal Procedure Code.
Orders
- The 1st and 2nd accused are placed on their defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Wanderi & another (Criminal Case E007 of 2022) [2025] KEHC 5778 (KLR) (7 May 2025) (Sentence)
Neutral citation: [2025] KEHC 5778 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E007 of 2022
HI Ong'udi, J
May 7, 2025
Between
Republic
Prosecutor
and
James Wanderi
1st Accused
Stephen Gichana
2nd Accused
Sentence
1. James Wanderi and Stephen Gichana hereinafter referred to as the 1st and 2nd accused are facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that both accused on 11th April, 2017 at Kiptangwany AP Post in Elementaita, Gilgil subcounty within Nakuru County jointly murdered Francis Nga’ng’a. They denied the charge and the matter proceeded to full hearing with the prosecution calling thirteen (13) witnesses.
2. After the close of the prosecution case both the prosecution and defence counsel filed written submissions.
3. I have carefully considered the evidence of all the thirteen (13) witnesses plus the submissions by both parties, and I am satisfied that the deceased did not die a natural death. The post mortem report (EXB P1) attests to that.
4. I am further satisfied that the prosecution has proved a prima facie case against both accused requiring them to make their defence.
5. I therefore place the 1st and 2nd accused on their defence under section 306(2) of the Criminal Procedure Code.
6. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 7THDAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE