[2019] KEHC 10733 (KLR)
The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to make their defence...
Source-derived case information.
- Citation
- [2019] KEHC 10733 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrispin Njeru Ngari; Defendant: Jamleck Kithu Gititi; Defendant: Charles Ngare Martin; Defendant: Kelvin Murimi Kimani
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused persons found to have a case to answer; ordered to make their defence
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, 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
Chrispin Njeru Ngari
Defendant
Jamleck Kithu Gititi
Defendant
Charles Ngare Martin
Defendant
Kelvin Murimi Kimani
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to make their defence as provided by law. The court thus ruled that the accused have a case to answer and must proceed to the defence stage of the trial.
Court Disposition
accused persons found to have a case to answer; ordered to make their defence
Orders
- The accused persons are found to have a case to answer.
- The accused are called upon to make their defence.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 7 OF 2013
REPUBLIC...................................…..........................PROSECUTION
VERSUS
CHRISPIN NJERU NGARI.........................................1ST ACCUSED
JAMLECK KITHU GITITI........................................2ND ACCUSED
CHARLES NGARE MARTIN....................................3RD ACCUSED
KELVIN MURIMI KIMANI.......................................4TH ACCUSED
R U L I N G
1. The accused persons face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Nine (9) witnesses testified in this case for the prosecution.
3. I have perused the evidence on record and I am satisfied that the prosecution have made up a prima facie case.
4. They have a case to answer and are hereby called upon to made their defence.
5. It is hereby so ordered.
DATED, DELIVERED AND SIGNED AT EMBU THIS 17TH DAY OF JANUARY, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Mati for the State
Mr. Momany for 1st, 2nd, 3rd accused
Ms. Muriuki for Ithiga for 4th accused
All 4 accused present