[2017] KEHC 127 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused for the offence of murder. As a result, the accused is required to give his defence in accordance with the law. The ruling does not determine guilt but merely finds that...
Source-derived case information.
- Citation
- [2017] KEHC 127 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Mwangi Muriuki
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 81 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Geoffrey Mwangi Muriuki
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused for the offence of murder. As a result, the accused is required to give his defence in accordance with the law. The ruling does not determine guilt but merely finds that there is enough evidence for the accused to be called upon to answer the charge.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 30/11/2017.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 81 OF 2010
REPUBLIC................................................................................STATE
VERSUS
GEOFFREY MWANGI MURIUKI.................................ACCUSED
RULING
The accused GEOFFREY MWANGI MURIUKI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called five (5) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to this charge.
Mr. Obutu holding brief for Mr. Kibet
Mr. Chigiti for DPP
Court– Hearing on 30/11/2017 for defence hearing. Hearing notice to issue to Mr. Kibet.
MAUREEN A. ODERO
JUDGE
13/10/2017