[2020] KEHC 4881 (KLR)
The court found that the prosecution, through the testimony of seven witnesses, had established a prima facie case against the accused, Abrahim Muchui, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence, as a reasonable tribunal could convict on the...
Source-derived case information.
- Citation
- [2020] KEHC 4881 (KLR)
- Parties
- Applicant: Republic; Defendant: Abrahim Muchui
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 66 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abrahim Muchui
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses, had established a prima facie case against the accused, Abrahim Muchui, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence, as a reasonable tribunal could convict on the basis of the prosecution's case if the accused remained silent. Accordingly, the accused was informed of his right to make a sworn statement and to call witnesses, and the matter was set down for defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused is placed on his defence.
- Defence hearing scheduled for 16th March 2020.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 66 OF 2017
REPUBLIC................................................................................................PROSECUTOR
VERSUS
ABRAHIM MUCHUI.......................................................................................ACCUSED
RULING
The accused Abraham Muchui was charged with the offence of murder contrary to section 203 as read with section 204 of the penal.
Particulars are that Ibrahim Muchui Ratanya alias Kaiser on the 31st day of May 2016 at Shauri market of Kibuline area of Mbeu Location in Tigania West Subcounty within Meru County murdered Stephen Muchena.
From the evidence of the 7 prosecution witnesses this court finds that a prima facie case has been established and accused has a case to answer. He is placed on his defence.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 20TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused:- Present in person
State: Ms Mbithe for state
Mr Mwiti Advocate for accused – Mr Kirimi holding brief.
HON A. ONG’INJO
JUDGE
Court
Provisions of section 211 CPC explained and accused replies:
Accused: I will give sworn statement. I don’t have witnesses.
Order: Defence hearing 16. 3.2020.
HON A. ONG’INJO
JUDGE