Case ID:185819

Republic v Wilson Kaunyangi Karuri [2021]e KLR

Case Metadata

Case Number:

Criminal Case 52 of 2017

Parties:

Republic v Wilson Kaunyangi Karuri

Date Delivered:

18 Nov 2021

Case Class:

Criminal

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Republic v Wilson Kaunyangi Karuri [2021]e KLR

Advocates:

For the Accused persons - Mr. Mwiti Advocate

For the State - Mr. Magoma

Court Division:

Criminal

County:

Meru

Advocates:

For the Accused persons - Mr. Mwiti Advocate

For the State - Mr. Magoma

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

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. 52 OF 2017

BETWEEN

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

AND

WILSON KAUNYANGI KARURI................................................................ACCUSED

RULING

1. WILSON KAUNYANGI KARUI (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 the 16

th

day of July 2017 at Mwiyo Village Muringene location, in Igembe Central within Meru County murdered

EUNICE MUTHONI KAUNYANGI.

2. The accused person denied committing the offence and the prosecution called a total of 4 (four) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case

Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.

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. Having considered the evidence tendered by the four prosecution witnesses I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.

5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.

DATED THIS

18

TH

DAY OF NOVEMBER, 2021

WAMAE. T. W. CHERERE

JUDGE

Court Assistant - Kinoti

Accused - Present

For the Accused persons - Mr. Mwiti Advocate

For the State - Mr. Magoma