[2017] KEHC 631 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against both accused persons. Consequently, the court directed that both accused persons be placed on their defence in accordance with the requirements of section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2017] KEHC 631 (KLR)
- Parties
- Respondent: Republic; Defendant: Charles Kamau Ngandu; Defendant: Lucy Wangecii Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Both accused persons to be placed on 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
Respondent
Charles Kamau Ngandu
Defendant
Lucy Wangecii Mwangi
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 placed on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against both accused persons. Consequently, the court directed that both accused persons be placed on their defence in accordance with the requirements of section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but confirms that there is enough evidence for the accused to be called upon to answer the charge of murder.
Court Disposition
Both accused persons to be placed on their defence.
Orders
- Both accused persons shall each be placed on their defence.
- Defence hearing scheduled for 25/4/2017.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO.11 OF 2012
REPUBLIC...................................................................RESPONDENT
VERSUS
CHARLES KAMAU NGANDU.................................1ST ACCUSED
LUCY WANGECII MWANGI..................................2ND ACCUSED
RULING
The two accused persons namely CHARLES KAMAU NGANDU (Hereinafter referred to as the 1st accused) and LUCY WANGECI MWANGI (herein after referred to as the 2nd accused) are jointly charged with MURDER CONTRARY TO SECTION 204 OFTHE PENAL CODE. Both accused’s denied the charge. The prosecution called a total of five (5) witnesses in support of their case.
I have considered the evidence on record. I am satisfied that a prima facie case has been established. I do direct that the two accused’s shall each be placed on their defence.
Dated and Delivered in Nakuru this 20th day of March 2017.
Both accused in person
Mr. Motende for State
Court – Hearing on 25/4/2017 for defence hearing. Hearing notice to Mr. Githui
Maureen A. Odero
Judge