[2017] KEHC 151 (KLR)
The court found that the prosecution had established a prima facie case against the 1st and 2nd accused persons, requiring them to be put on their defence. However, with respect to the 3rd accused, the court determined that the evidence adduced by the prosecution did not establish a prima facie case against him....
Source-derived case information.
- Citation
- [2017] KEHC 151 (KLR)
- Parties
- Applicant: Republic; Defendant: David Njenga Kahiu; Defendant: Joyce Kathambi Solomon; Defendant: Samson Muigai Nguru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2010
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
- Outcome
- Partial acquittal; 3rd accused acquitted, 1st and 2nd accused to be put on their defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Njenga Kahiu
Defendant
Joyce Kathambi Solomon
Defendant
Samson Muigai Nguru
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to warrant their being put on their defence.
- 2 Whether the 3rd accused should be acquitted at this stage for lack of evidence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the 1st and 2nd accused persons, requiring them to be put on their defence. However, with respect to the 3rd accused, the court determined that the evidence adduced by the prosecution did not establish a prima facie case against him. Consequently, the court acquitted the 3rd accused of the charge of murder and ordered his immediate release unless otherwise lawfully held. The reasons for this decision regarding the 3rd accused were reserved for the final judgment.
Court Disposition
Partial acquittal; 3rd accused acquitted, 1st and 2nd accused to be put on their defence.
Orders
- The 3rd accused, Samson Muigai Nguru, is acquitted of the charge of murder and shall be set at liberty forthwith unless otherwise lawfully held.
- The 1st and 2nd accused shall give their defence to the charge.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 20 OF 2010
REPUBLIC.........................................................................................STATE
VERSUS
DAVID NJENGA KAHIU...................................................1ST ACCUSED
JOYCE KATHAMBI SOLOMON....................................2ND ACCUSED
SAMSON MUIGAI NGURU.............................................3RD ACCUSED
RULING
The three accused persons DAVID NJENGA KAHIU (hereinafter referred to as the 1st accused). JOYCE KATHAMBI SOLOMON (hereinafter referred to as the 2nd accused) and SAMSON MUIGAI NGURU (hereinafter referred to as the 3rd accused) all jointly face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. All three accused persons pleaded ‘Not Guilty’ to the charge.
The prosecution called a total of fifteen (15) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses.
With respect to the 1st and 2nd accused persons I am satisfied that a prima facie case has been established and I do direct that the two shall give their defence to the charge.
With respect to the 3rd accused I find that no prima facie case has been established. Reasons will be given in the final judgment. I enter a verdict of ‘Not Guilty’ in respect of the third accused SAMSON MUIGAI NGURU and I acquit him of this charge of murder.
The 3rd accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated and Delivered in Nakuru this 3rd day of March, 2017.
Mr. Kemboi holding brief for Mr. Wambeyi
Court – Defence hearing on 2/5/2017.
MAUREEN A. ODERO
JUDGE