[2015] KEHC 7573 (KLR)

[2015] KEHC 7573 (KLR)

The court found that the prosecution failed to establish a prima facie case against the 1st accused, Esther Wanjiku Gitari, and therefore acquitted her at this stage. However, the court determined that the 2nd accused, Peter Mburu Kinuthia, had a case to answer and was accordingly placed on his defence. The reasons...

Source-derived case information.

Citation
[2015] KEHC 7573 (KLR)
Parties
Applicant: Republic; Defendant: Esther Wanjiku Gitari; Defendant: Peter Mburu Kinuthia
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Case 40 of 2010
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
1st accused acquitted at no case to answer stage; 2nd accused placed on defence.
Judges
AM Cockar
Legal Topics
Murder, Prima Facie Case, Acquittal, Defence Case
Source Language
en
Criminal Law Murder Prima Facie Case Acquittal Defence Case

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Parties

Republic

Applicant

Esther Wanjiku Gitari

Defendant

Peter Mburu Kinuthia

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being put on their defence.

Ratio Decidendi

The court found that the prosecution failed to establish a prima facie case against the 1st accused, Esther Wanjiku Gitari, and therefore acquitted her at this stage. However, the court determined that the 2nd accused, Peter Mburu Kinuthia, had a case to answer and was accordingly placed on his defence. The reasons for the acquittal of the 1st accused would be provided in the final judgment.

Court Disposition

1st accused acquitted at no case to answer stage; 2nd accused placed on defence.

Orders

  • The 1st accused, Esther Wanjiku Gitari, is acquitted at this stage for reasons to be given in judgment.
  • The 2nd accused, Peter Mburu Kinuthia, is placed on his defence.