[2015] KEHC 4632 (KLR)
The court found that the evidence tendered by the prosecution through nine witnesses was sufficient to establish a prima facie case against the accused, George Kinyanjui Wachuka, for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2015] KEHC 4632 (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
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure
- 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
Legal Issues
- 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 evidence tendered by the prosecution through nine witnesses was sufficient to establish a prima facie case against the accused, George Kinyanjui Wachuka, for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code, which requires the court to determine whether there is a case to answer at the close of the prosecution's case. The court concluded that the threshold for a prima facie case had been met and informed the accused of his rights regarding the manner of his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- The accused is informed of his rights under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 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
At this stage of the trial this court is required to determine whether the evidence so far tendered by the prosecution witnesses is sufficient to make a prima facie case to make this court conclude that the accused person has a case to answer.
The accused person is George Kinyanjui Wachuka. He is accused of killing Stephen Heho on 26th December 2012 at Githurai Kimbo in Kasarani District within Nairobi County.
I took evidence of nine prosecution witnesses which I have carefully examined. I find this evidence sufficient to persuade me to arrive at a conclusion that the accused person has a case to answer. I find that a prima facie case has been made out against the accused and I hereby place him on his defence. He is hereby informed of his right under section 306 (2) of the Criminal Procedure Code to address this court either in person or through his advocate whether he will give evidence under oath or without taking oath and whether he wishes to call any witnesses in his defence. It is so ordered.
Dated, signed and delivered this 4th day of June 2015.
S.N. Mutuku
Judge