Case ID:182143

Republic v Irene Kageni [2021] eKLR

Case Metadata

Case Number:

Criminal Case 78 of 2019

Parties:

Republic v Irene Kageni

Date Delivered:

30 Sep 2021

Case Class:

Criminal

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Republic v Irene Kageni [2021] eKLR

Advocates:

Mr. Ngunjiri Advocate for the Accused

Ms. Mwaniki for the State

Court Division:

Criminal

County:

Meru

Advocates:

Mr. Ngunjiri Advocate for the Accused

Ms. Mwaniki for the State

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

(

CORAM: CHERERE-J)

CRIMINAL CASE NO. 78 OF 2019

BETWEEN

REPUBLIC..........................PROSECUTOR

AND

IRENE KAGENI.......................AC

CUSED

RULING

1.

IRENE KAGENI

(

Accused

) is charged with the offence of Murder Contrary to

Section 203

as read with

Section 204

of the Penal Code. The particulars of the charge are that

On 15

th

October,2019 at Miruriri market, Miruriri location in Imenti at Sub-County within Meru County, unlawfully murdered DENNIS MURITHI

2. In the case of

Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332

, a prima facie case was defined as 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.

3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.

4. I have considered the evidence tendered by the four (4) prosecution witnesses and I am persuaded that a

primafcie

case has been established that warrants this court to call upon the Accused to defend herself.

DATED THIS

30

TH

DAY OF

SEPTEMBER

, 2021

WAMAE. T. W. CHERERE

JUDGE

Court Assistant - Kinoti

Accused - Present

For the Accused - Mr. Ngunjiri Advocate

For the State - Ms. Mwaniki