[2017] KEHC 7250 (KLR)
Upon evaluating the evidence of the eleven prosecution witnesses, the court found that the prosecution has established a prima facie case against the accused, Boniface Muriithi, for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with section...
Source-derived case information.
- Citation
- [2017] KEHC 7250 (KLR)
- Parties
- Respondent: Republic; Defendant: Boniface Muriithi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- DO Chepkwony
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Boniface Muriithi
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 require him to be put on his defence.
Ratio Decidendi
Upon evaluating the evidence of the eleven prosecution witnesses, the court found that the prosecution has established a prima facie case against the accused, Boniface Muriithi, for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The accused is therefore informed of his right to address the court, give evidence on his own behalf, make an unsworn statement, and call witnesses in his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence as per section 306(2) of the Criminal Procedure Code.
- The accused is informed of his right to address the court personally or through his advocate, to give evidence on his own behalf, make an unsworn statement, and call witnesses in his defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMNAL CASE NO. 11 OF 2014
REPUBLIC...............................................................PROSECUTUTION
VERSUS
BONFACE MURIITHI............................................................ACCUSED
RULING
The accused, BONIFACE MURIITHI is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code.
The particulars are that;
“On the 11th March, 2014 at G K Prison Taveta in Taveta District within Taita Taveta County, the accused murdered LIVNGSTONE BOWEN.
The prosecution has adduced evidence of eleven (11) witnesses. I have read through the evidence of these witnesses and on evaluating the same, I find the accused has a case to answer.
And in compliance with section 306 (2) of the Criminal Procedure Code, the accused is hereby informed of his right to address the court will personally or by his advocate to give evidence on his own behalf or to make and unsworn statement and to call witnesses, in this defence.
Ruling delivered, dated and signed this 2nd day of March 2017.
D .O. CHEPKWONY
JUDGE
In the presence of :
M/s Ocholla for the state
Mr Bimir holding brief for Mr Wangagwa for the accused person
Accused -
C/clerk- Kiarie