[2017] KEHC 195 (KLR)
The court found that the prosecution had called eight witnesses whose evidence, when considered as a whole, established a prima facie case against both accused persons. The evidence was sufficient to require the accused to be put on their defence in accordance with the law. The court therefore directed that each...
Source-derived case information.
- Citation
- [2017] KEHC 195 (KLR)
- Parties
- Applicant: Republic; Defendant: Caroline Muthoni Wairimu; Defendant: John Kirathe Githaiga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons found to have a case to answer; ordered to give their defence.
- Judges
- JV Juma
- 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
Caroline Muthoni Wairimu
Defendant
John Kirathe Githaiga
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had called eight witnesses whose evidence, when considered as a whole, established a prima facie case against both accused persons. The evidence was sufficient to require the accused to be put on their defence in accordance with the law. The court therefore directed that each accused shall give their defence to the charge of murder.
Court Disposition
Accused persons found to have a case to answer; ordered to give their defence.
Orders
- Each accused shall give their defence to the charge.
- Hearing set for 2/2/2017 for defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 94 OF 2011
REPUBLIC...........................................................................STATE
VERSUS
CAROLINE MUTHONI WAIRIMU...................1ST ACCUSED
JOHN KIRATHE GITHAIGA............................2ND ACCUSED
RULING
The two accused persons namely CAROLINE MUTHONI WAIRIMU (hereinafter referred to as the 1st accused) and JOHN KIRATHE GITHAIGA (the 2nd accused) are jointly changed until the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called eight (8) witnesses in support of their case. I have considered the evidence of the prosecution witnesses and I am satisfied that a prima facie case has been established. I direct that each accused shall give their defence to the charge.
Dated in Nakuru this 24th of November, 2017.
Accuseds both in person
Court – Hearing 2/2/2017 for defence. Mention on 20/12/2017.
Maureen A. Odero
Judge