[2021] KEHC 1728 (KLR)
The court, after reviewing the evidence adduced by the prosecution, including testimony from eight witnesses and the postmortem report, found that a prima facie case had been established against the accused persons. Consequently, the accused persons were found to have a case to answer and were put on their defence...
Source-derived case information.
- Citation
- [2021] KEHC 1728 (KLR)
- Parties
- Applicant: ODPP; Defendant: Jeremiah Mutahi Matu; Defendant: Dedan Ndung’u Mugo
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 16 of 2019
- Procedural Posture
- Murder Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ODPP
Applicant
Jeremiah Mutahi Matu
Defendant
Dedan Ndung’u Mugo
Defendant
Procedural Posture
Murder Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused persons to be put on their defence for the charge of murder.
Ratio Decidendi
The court, after reviewing the evidence adduced by the prosecution, including testimony from eight witnesses and the postmortem report, found that a prima facie case had been established against the accused persons. Consequently, the accused persons were found to have a case to answer and were put on their defence in accordance with the law. The court did not make any findings on the merits of the evidence at this stage but determined that the threshold for a case to answer had been met.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Accused persons are put on their defence.
- Accused persons to be informed of their rights and options for defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAHURURU
MURDER CASE NO. 16 OF 2019
ODPP.………………………………………………..…………..PROSECUTOR
-VERSUS-
JEREMIAH MUTAHI MATU……………………...……….….1ST ACCUSED
DEDAN NDUNG’U MUGO……………………………………2ND ACCUSED
RULING
1. The accused persons face the charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap.63 Laws of Kenya.
2. Particulars being that on 11th September, 2019 at Mastoo Trading Centre Mwihoko Location, Nyandarua County, murdered Jackson Kiago Kariuki.
3. The Prosecution has called 8 witnesses and closed its case. The court is called upon to decide whether the accused has a case to answer.
4. After going through the evidence and the postmortem produced, I find that accused persons have a case to answer and are thus put on their defence.
5. They will be informed their rights to enable them give options of defence they intend to offer.
6. Orders accordingly.
Dated, Signedand Deliveredat NYAHURURUthis11thday of November,2021.
………………………………..
CHARLES KARIUKI
JUDGE