[2018] KEHC 5338 (KLR)
The court found that the prosecution, through the testimony of four witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2018] KEHC 5338 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Gikundi Kirinya alias Kijiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2013
- 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
Andrew Gikundi Kirinya alias Kijiri
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 for the offence of murder.
- 2 Whether the accused should be placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of four witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to give sworn statement and call one witness.
- Defence hearing scheduled for 6th August 2018.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 26 OF 2013
REPUBLIC........................................................PROSECUTION
VERSUS
ANDREW GIKUNDI KIRINYA ALIAS KIJIRI.....ACCUSED
RULING
The accused Andrew Gikundi Kirinya was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that Andrew Gikundi Kirinya alias Kijiri on the night of 7th March 2013 at Ruiri market, Ruuri Location in Buuri District within Meru County murdered Henry Mwiti.
From the evidence of the 4 prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused on defence. He has a case to answer for the offence of murder.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 12TH DAY OF JULY 2018.
IN THE PRESENCE OF:
C/A:-Penina
Prosecution: - Mrs Mwathi for state
Accused: Present in person
Mr Kiogora Advocate for Accused
HON. A.ONG’INJO
JUDGE
Mr Kiogora
Accused will give sworn statement. We shall call one witness. I pray for a date for Dhg.
Order
Dhg 6. 8.2018
Hon A.Ong’injo J
12. 7.2018