[2018] KEHC 8033 (KLR)

[2018] KEHC 8033 (KLR)

The court found, after reviewing the evidence of eleven prosecution witnesses, that the prosecution had established a prima facie case against all three accused persons. The evidence on record was deemed sufficient to support the charge of murder as defined under Section 203 as read with Section 204 of the Penal...

Source-derived case information.

Citation
[2018] KEHC 8033 (KLR)
Parties
Applicant: Republic; Defendant: Ephantus Mugendi Muriuki; Defendant: Isaack Kariuki Njeru; Defendant: Samuel Njue Njeru
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Criminal Case 20 of 2012
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
case to answer found; accused to be put on their defence
Judges
FN Muchemi
Legal Topics
Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Charge Case to Answer Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Ephantus Mugendi Muriuki

Defendant

Isaack Kariuki Njeru

Defendant

Samuel Njue Njeru

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 persons to warrant their being put on their defence.
  2. 2 Whether the evidence on record is sufficient to support the charge of murder against the accused persons.

Ratio Decidendi

The court found, after reviewing the evidence of eleven prosecution witnesses, that the prosecution had established a prima facie case against all three accused persons. The evidence on record was deemed sufficient to support the charge of murder as defined under Section 203 as read with Section 204 of the Penal Code. Consequently, the court ruled that the accused persons have a case to answer and should be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code.

Court Disposition

case to answer found; accused to be put on their defence

Orders

  • The three accused persons are found to have a case to answer.
  • The accused are ordered to be put on their defence.