[2013] KEHC 2546 (KLR)
The court found that the prosecution, having called eleven witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directs that the accused shall...
Source-derived case information.
- Citation
- [2013] KEHC 2546 (KLR)
- Parties
- Applicant: Republic; Defendant: Benjamin Wanyiri Maina
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benjamin Wanyiri Maina
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called eleven witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directs that the accused shall give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing to proceed on 16th October, 2013.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 28 OF 2011
REPUBLIC……………………………………..……….………PROSECUTION
VERSUS
BENJAMIN W. MAINA………………………………….…………ACCUSED
RULING
The accused person namely BENJAMIN WANYIRI MAINA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of eleven (11) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I find that a prima facie case has been established. I therefore direct that the accused shall give his defence to the charge.
Dated and delivered in Mombasa this 27th day of August, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Dzomu for State
Mr. Wameyo h/b Mr. Matheka for Accused
Court Clerk Mutisya
Court:
Defence hearing to proceed on 16th October, 2013.
M. ODERO
JUDGE
27TH AUGUST, 2013