[2025] KEHC 17149 (KLR)
The court found that the prosecution's evidence, as presented through eight witnesses, met the legal threshold for a prima facie case as required by law. Accordingly, the accused was put on his defence. The court refrained from giving detailed reasons for this decision to avoid the impression of prejudgment, in line...
Source-derived case information.
- Citation
- [2025] KEHC 17149 (KLR)
- Parties
- Applicant: Republic; Defendant: John Mwangi Githaiga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E031 of 2020
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence; ruling on no case to answer.
- Judges
- JM Nang'ea
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Mwangi Githaiga
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
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 prosecution's evidence, as presented through eight witnesses, met the legal threshold for a prima facie case as required by law. Accordingly, the accused was put on his defence. The court refrained from giving detailed reasons for this decision to avoid the impression of prejudgment, in line with established judicial practice.
Court Disposition
Accused put on his defence; ruling on no case to answer.
Orders
- The accused is put on his defence under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Githaiga (Criminal Case E031 of 2020) [2025] KEHC 17149 (KLR) (11 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17149 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E031 of 2020
JM Nang'ea, J
February 11, 2025
Between
Republic
Prosecution
and
John Mwangi Githaiga
Accused
Ruling
1. The accused arraigned in this court charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge allege that on 13th October 2020 at Lusiru Location, Njoro Sub County, within Nakuru County he murdered Mercy Njeri Mbatia. He entered plea of “not guilty”.
2. The prosecution called eight (8) witnesses in a bid to prove its case. The defence Counsel chose not to make submissions on “no case to answer” after the close of the prosecution case.
3. At this stage the court is to determine whether or not a prima facie case warranting putting the accused on his defence has been made out [see Case Law in Ramanlal T. Bhatt vs Republic (EA)].
4. Having read through the prosecution evidence, I find that the above stated legal threshold has been met and I hereby put the accused on his defence. It is established judicial good practice not to give reasons for such decision so as not to create an impression that the court has made up its mind before considering any defence that might be offered by the accused.
5. Ruling accordingly.
J. M. NANG’EA, JUDGE.Ruling delivered this 11thday of February, 2025 in the presence of:Ms Sang for the DPPMr. Githui Advocate for the accusedAccused, presentCourt Assistant (Jeniffer)J. M. NANG’EA, JUDGE.