https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11994
The prosecution evidence, including the postmortem showing death by asphyxia caused by tracheal oedema following assault with a blunt object and the evidence that the accused was the last person seen with the deceased, established a prima facie case under section 306 of the Criminal Procedure Code; the accused was...
Source-derived case information.
- Citation
- [2026] KEHC 11994 (KLR)
- Parties
- Prosecutor: REPUBLIC; Accused/respondent: PATRICK MURIITHI WANJOHI
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E013 of 2020
- Procedural Posture
- Criminal Case; Murder Charge / Ruling on Case to Answer
- Outcome
- Accused placed on his defence
- Judges
- ["EM Muriithi"]
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Last Seen Doctrine, Defence Hearing, Burden on Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Prosecutor
PATRICK MURIITHI WANJOHI
Accused/respondent
Procedural Posture
Criminal Case; Murder Charge / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution evidence disclosed a prima facie case sufficient to put the accused on his defence
- 2 Whether the last-seen evidence and cause of death established an evidential basis for inference of guilt
Ratio Decidendi
The prosecution evidence, including the postmortem showing death by asphyxia caused by tracheal oedema following assault with a blunt object and the evidence that the accused was the last person seen with the deceased, established a prima facie case under section 306 of the Criminal Procedure Code; the accused was therefore required to be put on his defence.
Court Disposition
Accused placed on his defence
Orders
- The court found that the offence of murder may have been committed by the accused and put him on his defence.
- The accused shall be informed of his rights under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KERUGOYA** **CRIMINAL CASE NO. E013 OF 2020** **REPUBLIC …………………….……………………….................………..PROSECUTOR** **VERSUS** **PATRICK MURIITHI WANJOHI………………..……………………… RESPONDENT** **RULING ON CASE TO ANSWER** 1. The accused is charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code with particulars that he *“on the night of 25th/26th of October 2020 at Kathaka village Mwerua location in Kirinyaga West Sub-county within Kirinyaga county jointly with others not before the court unlawfully murdered Mercy Ngina Maina.”* 2. The Court has considered the evidence presented by the eight (8) prosecution witness and the submissions filed by the Accused dated 3/2 2026. 3. The Court has considered the evidence against the requirement to prove the case beyond reasonable doubt in terms of the elements of the offence of murder contrary to section 203 as read with 204 of the Penal Code. 4. At this stage, the court is required to consider whether the prosecution evidence has established a *prima facie* case, which as held in ***Ramanlal T. Bhatt v. R******(1957) EA 332, 335*** is ***“one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”*** 5. The Court has considered that on the postmortem the cause of death was established as *“asphyxia caused by tracheal oedema following assault with blunt object”* and that on the evidence the accused was the last person seen with the deceased. 6. On the last seen with last seen with doctrine, the accused has a duty and therefore a case to answer and give an explanation as to how the deceased met her death in such circumstances. See ***Onyiego v Republic*** (Criminal Appeal 241 of 2019) [2025] KECA 337 (KLR) (21 February 2025) (Judgment). **ORDERS** 1. Accordingly, for the reasons set out above, the Court finds, pursuant to section 306 of the Criminal Code, that the offence of murder may have been committed by the Accused and he is, therefore, put on his defence 2. The Accused shall be informed of his rights under section 306 (2) of the Criminal Procedure Code and the defence hearing shall be had on a date to be fixed in consultation with the Accused’s Counsel. *Order accordingly.* **DATED AND DELIVERED THIS 30TH DAY OF JULY 2026.** **EDWARD M. MURIITHI** **JUDGE** **APPEARANCES:** Mr. Mwangi and Mr. Mamba for DPP. Mr. Igati Mwai for the Accused.