[2015] KEHC 3688 (KLR)
The court found that the prosecution, having called nine witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2015] KEHC 3688 (KLR)
- Parties
- Applicant: Republic; Defendant: George Kinyanjui Wachuka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused placed on his defence; matter to proceed to defence hearing.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Kinyanjui Wachuka
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The accused was informed of his rights regarding the manner of his defence and the option to call witnesses.
Court Disposition
Accused placed on his defence; matter to proceed to defence hearing.
Orders
- The accused is placed on his defence.
- The accused is informed of his rights under section 306(2) of the Criminal Procedure Code to address the court on the manner of his defence and to call witnesses if he so wishes.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 109 OF 2012
REPUBLIC……………………………………………PROSECUTOR
VERSUS
GEORGE KINYANJUI WACHUKA…………………….ACCUSED
RULING
George Kinyanjui Wachuka, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. The offence is alleged to have been committed on 26th December 2012 at Githurai Kimbo in Kasarani District within Nairobi County. The victim is Stephen Heho, deceased.
At the close of the prosecution case after calling a total of nine witnesses, this court has to determine whether there is sufficient evidence to necessitate placing the accused on his defence.
I have carefully considered all the evidence by the prosecution witnesses and submissions by both counsel and I find that there is sufficient evidence establishing a prima facie case against the accused. This court therefore places the accused on his defence. He is hereby informed of his right under section 306 (2) of the Criminal Procedure Code to address this court on the manner he wishes to defence himself, either by taking an oath or without taking an oath. He is also informed of his right to inform the court if he wishes to call any witnesses.
Orders are made accordingly.
Dated, signed and delivered this 4th day of June 2015.
S.N. MUTUKU
JUDGE