[2017] KEHC 3522 (KLR)
The court found that the prosecution had adduced sufficient evidence through its four witnesses to establish a prima facie case against all four accused persons. The evidence, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to give their defence to the charge...
Source-derived case information.
- Citation
- [2017] KEHC 3522 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Kiarie Wainaina; Defendant: Eunice Muthoni Kiarie; Defendant: Julia Waithera Kiarie; Defendant: Monicah Wangui Kiarie
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 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 and 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
Daniel Kiarie Wainaina
Defendant
Eunice Muthoni Kiarie
Defendant
Julia Waithera Kiarie
Defendant
Monicah Wangui Kiarie
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 adduced sufficient evidence through its four witnesses to establish a prima facie case against all four accused persons. The evidence, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to give their defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused persons found to have a case to answer and ordered to give their defence.
Orders
- All four accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 65 OF 2011
REPUBLIC……………………………………………………………PROSECUTOR
VERSUS
DANIEL KIARIE WAINAINA………...………….…………...….……1ST ACCUSED
EUNICE MUTHONI KIARIE ………………………………………… 2ND ACCUSED
JULIA WAITHERA KIARIE …………………………………………..3RD ACCUSED
MONICAH WANGUI KIARIE ……………………………………….. 4TH ACCUSED
RULING
The four (4) accused persons herein are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called four (4) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been shown. I therefore direct that all four (4) accused persons shall give their defence to the charge.
Dated and Delivered in Nakuru this 21st day of July, 2017.
Mr. Opar for all 4 accuseds
Mr Chigiti for DPP
Court – Hearing on 2/10/2017 for defence hearing.
Maureen A. Odero
Judge