[2017] KEHC 161 (KLR)
The court found that the prosecution had adduced sufficient evidence through eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with the law.
Source-derived case information.
- Citation
- [2017] KEHC 161 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Mwendwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Mwendwa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution's Case
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 had adduced sufficient evidence through eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with the law.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge.
- Defence hearing scheduled for 9/6/2017.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 88 OF 2011
REPUBLIC.............................................................................STATE
VERSUS
CHARLES MWEDWA..................................................ACCUSED
RULING
The accused person CHARLES MWENDWA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused pleaded ‘Not Guilty’ to the charge.
The prosecution called a total of eight (8) witnesses in support of their case. I have considered the evidence adduced by the prosecution witness. I am satisfied that a prima facie case has been established. As such I do direct that the accused shall give his defence to the charge.
Dated and delivered in Nakuru this 7th day of April 2017.
Mr. Ombutu for accused
Court – Hearing 9/6/2017 for defence hearing.
Maureen A. Odero
Judge