[2021] KEHC 4451 (KLR)
The court found that the prosecution, having called thirteen witnesses, presented sufficient evidence on record to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2021] KEHC 4451 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Ndegwa Wachira
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused has a case to answer and is called upon to give his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Daniel Ndegwa Wachira
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 to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called thirteen witnesses, presented sufficient evidence on record to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Court Disposition
The accused has a case to answer and is called upon to give his defence.
Orders
- The accused is found to have a case to answer and is hereby called upon to give his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 12 OF 2015
REPUBLIC..................................................................................PROSECUTOR
VERSUS
DANIEL NDEGWA WACHIRA.......................................................ACCUSED
RULING
1. This is a ruling on case to answer. The accused faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to the charge.
2. The prosecution called thirteen(13) witnesses to testify in this case. I perused the entire evidence on record and I find that it is sufficient to support the charge.
3. It is my finding that the accused person has a case to answer and is hereby called upon to give his defence.
4. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 29TH DAY OF JULY, 2021.
F. MUCHEMI
JUDGE
Ruling delivered through video link this 29th day of July, 2021.