[2019] KEHC 1060 (KLR)
The court, after reviewing the evidence of all five prosecution witnesses, found that the prosecution had established a prima facie case against the accused. The testimony of PW3 was particularly persuasive in linking the accused to the offence. Consequently, the court held that the accused has a case to answer and...
Source-derived case information.
- Citation
- [2019] KEHC 1060 (KLR)
- Parties
- Applicant: Republic; Defendant: David Mwendwa Mulwa
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Criminal Trial Procedure, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Mwendwa Mulwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant putting the accused on his defence for the charge of murder.
Ratio Decidendi
The court, after reviewing the evidence of all five prosecution witnesses, found that the prosecution had established a prima facie case against the accused. The testimony of PW3 was particularly persuasive in linking the accused to the offence. Consequently, the court held that the accused has a case to answer and should be put on his defence as required by law when the prosecution evidence meets the threshold for a case to answer in a murder trial.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 17 OF 2014
REPUBLIC.................................................PROSECUTION
VERSUS
DAVID MWENDWA MULWA..........................ACCUSED
RULING
1. The accused David Mwendwa Mulwa is charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap. 63 Laws of Kenya).
2. Particulars being that on 19/1/2014 at Mbuvu Sub-Location, Mbuvu Location in Mwingi East District within Kitui County murdered John Mwilu Mutua and on second count on same particulars murdered Kavata Mwilu.
3. He pleaded not guilty and matter went into full trial.
4. The prosecution called 5 witnesses and called the court to rule as whether there is a case to answer to warrant putting accused on his defence.
5. The court has perused the evidence of each of the 5 witnesses and no doubt is left in the court’s mind. This is in particular the PW3’s testimony.
6. The accused has a case to answer. Thus he is put on his defence.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF NOVEMBER, 2019.
.................................
C. KARIUKI
JUDGE