[2020] KEHC 212 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. The evidence, if uncontroverted, would warrant a conviction. Therefore, the accused persons are required to be placed on their defence in accordance with the law.
Source-derived case information.
- Citation
- [2020] KEHC 212 (KLR)
- Parties
- Applicant: Republic; Defendant: George Mbatia Kamau; Defendant: Maurice Wafula Barnabas; Defendant: James Barasa Nyongesa
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons to be placed on their defence.
- Judges
- HK Chemitei
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Mbatia Kamau
Defendant
Maurice Wafula Barnabas
Defendant
James Barasa Nyongesa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has 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, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. The evidence, if uncontroverted, would warrant a conviction. Therefore, the accused persons are required to be placed on their defence in accordance with the law.
Court Disposition
Accused persons to be placed on their defence.
Orders
- The accused persons are hereby placed on their defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO.4 OF 2018
REPUBLIC...................................................................PROSECUTOR
VERSES
GEORGE MBATIA KAMAU.......................................1ST ACCUSED
MAURICE WAFULA BARNABAS............................2ND ACCUSED
JAMES BARASA NYONGESA..................................3RD ACCUSED
RULING
1. The accused persons were jointly charged with the offence of murdering Elizabeth Nyambura. The prosecution called a total of 6 witnesses. After perusing their evidence this court is satisfied that a prima facie case has been established against the three accused persons.
2. Let them be placed in their defence.
Dated at Kitale this 11th day of December 2020.
H K CHEMITEI
JUDGE