[2017] KEHC 3484 (KLR)
The court found that the prosecution had adduced sufficient evidence through its eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the provisions of the Criminal Procedure Code. The ruling does not...
Source-derived case information.
- Citation
- [2017] KEHC 3484 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Ngige Waithera
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; ordered to give his 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 Ngige Waithera
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 to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the provisions of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the prosecution's evidence, if uncontroverted, could potentially sustain a conviction, thus necessitating the accused to respond to the charge.
Court Disposition
Accused found to have a case to answer; ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 2/10/2017.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 71 OF 2014
REPUBLIC……………………………………………………………PROSECUTOR
VERSUS
DANIEL NGIGE WAITHERA……..………….……………….…….…….. ACCUSED
RULING
The accused DANIEL NGIGE WAITHERA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called a total of eight (8) 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 established. I therefore direct that the accused shall give his defence to the charge.
Dated and Delivered in Nakuru this 21st day of July, 2017
Mr. Obutu holding brief for Mr. Nyambo
Mr. Chigiti for DPP
Court – Hearing on 2/10/2017 for defence hearing.
Maureen A. Odero
Judge