[2021] KEHC 8794 (KLR)
The court, after reviewing the evidence of 14 prosecution witnesses, found that the prosecution had established a prima facie case against the accused. 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...
Source-derived case information.
- Citation
- [2021] KEHC 8794 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Karanja Ng'ang'a alias Benna alias Nyambane
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 13 of 2018
- Procedural Posture
- Murder Trial / Ruling on Case to Answer After Prosecution Case
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bernard Karanja Ng'ang'a alias Benna alias Nyambane
Defendant
Procedural Posture
Murder Trial / Ruling on Case to Answer After Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court, after reviewing the evidence of 14 prosecution witnesses, found that the prosecution had established a prima facie case against the accused. 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 must proceed to present his defence.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
MURDER CASE NO. 13 OF 2018
REPUBLIC...............................................................................PROSECUTOR
-VERSUS-
BERNARD KARANJA NG’ANG’A alias
BENNA alias NYAMBANE..............................................................ACCUSED
RULING
1. The accused faces a charge of Murder contrary to Section 203 as read with Section 204 Penal Code, Cap. 63 of Laws Kenya.
2. Particulars being that on 29/07/2019 at Ngorika Trading Centre Mirangine Sub-County, Nyandarua County, murdered Samuel Wambugu Ngure alias Sammy.
3. He pleaded not guilty and the matter went into trial. The prosecution called 14 witnesses and closed its case.
4. The court is called to rule on whether there is a prima facie case.
5. After going through the evidence of 14 witnesses I find that there was a case to answer for accused and he is put on his defence.
Dated, Signedand Deliveredat NYAHURURUthis4thday of March, 2021.
.........................................
CHARLES KARIUKI
JUDGE
PRESENT:
Rugut – State Counsel
Nelima holding brief for M/s. Ndegwa for Accused
Court Assistant - Henry