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JudgmentThe Republic VS RINARD KAMERINO ALLAN3 min read

The Republic VS RINARD KAMERINO ALLAN

High Court at Kajiado High Court · · Stella Mutuku

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAJIADO

CRIMINAL CASE NO. E012 OF 2021

REPUBLIC……………………………………………………………………PROSECUTOR

VERSUS

RINARD KAMERINO ALLAN…………………………………………………..ACCUSED

RULING

  1. Rinard Kamerino Allan, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 1st day of May 2021 at Saina Estate within Kajiado Central Sub-county in Kajiado County he murdered Cynthia Chepsang Cheruto.
  2. The accused denied committing this offence. The trial commenced and terminated after the prosecution called a total of six (6) witnesses. This ruling is aimed at determining if the evidence tendered is sufficient to persuade this court to make a finding that the accused has a case to answer and place him on his defence.
  3. At the close of the prosecution case, Mr. Nairi, learned counsel for the accused informed the court that he did not wish to make any submissions at this stage. Ms Akunja, learned prosecution counsel, also chose to rely on the evidence on record. It is upon this court to read, analyze and consider the evidence and determine whether it fulfills the requirements of section 306(2) of the Criminal Procedure Code.
  4. According to the evidence, the accused and Cynthia Chepsang Cheruto lived together in house number two at Dampsite Estate in Kajiado Town. They had moved to that house about two months before the deceased was killed. In house number 3 at the same estate lived Zipporah Nyambura Gitau (PW4). On the night of 30th April 2021, PW4 heard some noise from house No. 2 at around midnight. She did not think much about the noise.
  5. The following morning on 1st May 2021, PW4 woke and left her house to go and pick some milk. She found the accused locking the door to his house. He was alone. PW4 did not talk to him. On returning she found her neighbour (name not given) in house number one (1) standing outside wondering why the accused had left alone when the normal practice was that both the accused and the deceased always left together in the mornings.
  6. The neighbours, including PW4 and PW5, Annah Wanjiru Njeri, became curious why the accused had left alone. They looked through the window of accused’s house and saw something covered with a bedsheet under the bed. They informed the village elder Robert Lemaiyaa Sekuta (PW1) about the issue. PW1 came to the scene and using a stick, he poked the ‘thing’ under the bed. He suspected it could be a body. The matter was reported to the area Chief. They went looking for the accused. They found him at Swings Club in Kajiado drinking with other people. They arrested him.
  7. The matter was reported to the police who went to the scene. On the way police met members of public who had arrested the accused. He was taken to Kajiado Police Station where he was held in custody until the investigations were completed. He was charged with this offence.
  8. I have considered this evidence. From what the neighbours who lived in the same estate with the accused have told the court, the accused and the deceased were the only two people living in house identified as No. 2 where the body of the deceased was found. The accused was found locking the door to his house by PW4 in the morning of 1st May 2024. He is the one who unlocked that house after he was arrested. I find the evidence is sufficient and reliable to make a finding that the accused has a case to answer.
  9. Section 306 (2) of the Criminal Procedure Code provides that:

When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.

  1. In compliance with the above provision, I hereby place the accused on his defence and inform him that he has a right to address the court and to give evidence either unsworn or after taking oath and to call witnesses in his defence.
  2. Orders accordingly.

Dated, signed and delivered this 17th day of January 2025.

S. N. MUTUKU

JUDGE

    The Republic VS RINARD KAMERINO ALLAN The Republic VS RINARD KAMERINO ALLAN