[2019] KEHC 10766 (KLR)
The court found that the prosecution's evidence, comprising testimony from eight witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on her defence in accordance with the law.
Source-derived case information.
- Citation
- [2019] KEHC 10766 (KLR)
- Parties
- Respondent: Republic; Defendant: Benedita Gachugu Njuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and called upon to make her defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benedita Gachugu Njuki
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 charge of murder.
Ratio Decidendi
The court found that the prosecution's evidence, comprising testimony from eight witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on her defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and called upon to make her defence.
Orders
- The accused is found to have a case to answer and is called upon to make her defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 9 OF 2013
REPUBLIC..........................................PROSECUTION
VERSUS
BENEDITA GACHUGU NJUKI................ACCUSED
R U L I N G
1. The accused persons face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. I have perused the evidence of the eight (8) witnesses and find that the prosecution have established a prima facie case against the accused person.
3. I find that the accused has a case to answer and she is called upon to make her defence.
DATED, DELIVERED AND SIGNED AT EMBU THIS 17TH DAY OF JANUARY, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Mr Momanyi for accused
Ms. Mati for State
Accused present