[2018] KEHC 1261 (KLR)
The court found that the prosecution, having called six witnesses and presented its case, had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence, as there was evidence on the material ingredients of the offence of murder. The...
Source-derived case information.
- Citation
- [2018] KEHC 1261 (KLR)
- Parties
- Defendant: Jackson Ngara Nderitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- NA Matheka
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Ngara Nderitu
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and presented its case, had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence, as there was evidence on the material ingredients of the offence of murder. The court applied the standard set out in Republic v Wachira (1975) EA 262 and section 306(2) of the Criminal Procedure Code, concluding that the threshold for a prima facie case had been met and the matter should proceed to the defence stage.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused shall be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO.7 OF 2014
JACKSON NGARA NDERITU....................ACCUSED
VERSUS
REPUBLIC...........................................PROSECUTION
RULING
The accused person Jackson Ngara Ndeirituthrough the information dated 12th March 2014 was charged with Murder contrary to section 203 as read with section 2014 of the Penal Code. It is alleged that on 1st March 2014 at Gakanja village, Endarasha Location, Nyeri County he murdered Philip Irungu Muturi.
The prosecution called 6 witnesses.
At the close of the case for prosecution the court is to determine whether a prima facie case has been established to warrant accused being put on the defence.
In Republic -Vs- Wachira (1975) EA 262 the court cautioned that an accused person should only be acquitted at this stage only if:-
“There is no evidence of a material ingredient or if the prosecution has been so discredited and the evidence of their witnesses so incredible and untrustworthy that no reasonable tribunal properly directing itself could safely convict”
Having considered all the evidence on record and submissions or by defence and prosecution, I am of the opinion that a prima facie case has been made out to warrant the accused being put on the defence in compliance with section 306(2) of the CPC.
Dated, delivered and signed in open court this 6th Day of December 2018.
Mumbua T. Matheka
Judge
In the presence of: