[2018] KEHC 9838 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence, established a prima facie case of murder against the accused. The accused was identified as having participated in the assault that led to the deceased's death. The court held that the evidence was sufficient to...
Source-derived case information.
- Citation
- [2018] KEHC 9838 (KLR)
- Parties
- Applicant: Republic; Defendant: David Muriungi N’Itumburi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2015
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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
David Muriungi N’Itumburi
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence, established a prima facie case of murder against the accused. The accused was identified as having participated in the assault that led to the deceased's death. The court held that the evidence was sufficient to require the accused to be placed on his defence, as required by law when a prima facie case is made out at the close of the prosecution's case.
Court Disposition
accused placed on defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 17/1/2019.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. 70 OF 2015
REPUBLIC.....................................PROSECUTOR
VERSUS
DAVID MURIUNGI N’ITIMBURI.......ACCUSED
RULING
The accused David Muriungi N’Itumburi was charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that David Muriungi N’Itumburi on the 27th day of April 2011 at Nyumbaitui Village Akirang’ondu Location in Igembe Sub County within Meru County jointly with others not before the court murdered Patrick Mutembei.
PW1 the wife of deceased raised alarm while accused, his wife, Joaninah and 3rd person Kobia attacking the deceased in the morning, tied his hands, legs and neck to a tree and started beating him. PW2, PW3, PW4 and PW5 who were picking miraa nearby responded to alarm and tried to restrain the accused but he was so harsh saying the deceased deserved to be beaten and didn’t need their pleas and they deceased to leave.
Later one of them went back and untied the deceased and help PW1 take him to the house. Later in the night, PW1 called the deceased person’s friend when she saw his condition got worse and the neck swelling and they helped take him to hospital.
The nursing home admitted him but he was later transferred to Meru Teaching Referral Hospital where he died while undergoing treatment.
From the evidence on record, the court finds that the prosecution has established a prima facie case for offence of murder. The accused has a case to answer and is placed on defence.
HON. A. ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 22ND DAY OF NOVEMBER, 2018
IN THE PRESENCE OF:
C/A – Kinoti
Mrs. Mwathi for the State
Mr. Mutegi for the accused - Mr. Igweta Advocate H/B
Accused – Present in Person
Court – Section 211 C.P.C explained with.
HON. A. ONG’INJO
JUDGE
Mr. Igweta – Accused will give sworn evidence.
Accused – I will give unsworn statement. I have 2 witnesses. They are not in court.
Order– Defence hearing on 17/1/2019.
HON. A. ONG’INJO
JUDGE
22/11/2018