[2010] KEHC 3344 (KLR)

[2010] KEHC 3344 (KLR)

The court found that the prosecution, having called five witnesses, has adduced sufficient evidence 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
[2010] KEHC 3344 (KLR)
Parties
Applicant: Republic; Defendant: Domiano Muruu Mwithia
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 53 of 2006
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused found to have a case to answer and put on his defence.
Judges
MM Kasango
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Domiano Muruu Mwithia

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court found that the prosecution, having called five witnesses, has adduced sufficient evidence 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

Accused found to have a case to answer and put on his defence.

Orders

  • The accused is informed of his right to address the court personally or through his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence.