[2023] KEHC 25506 (KLR)
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused person. The evidence presented was sufficient to require the accused to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the...
Source-derived case information.
- Citation
- [2023] KEHC 25506 (KLR)
- Parties
- Applicant: Republic; Defendant: Emily Waithira Githinji
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E026 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; matter proceeds to defence hearing.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emily Waithira Githinji
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 her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused person. The evidence presented was sufficient to require the accused to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- The accused is found to have a case to answer and is put on her defence.
- Defence hearing scheduled for 11th December 2023.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Githinji (Criminal Case E026 of 2022) [2023] KEHC 25506 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25506 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E026 of 2022
A. Ong’injo, J
November 16, 2023
Between
Republic
Prosecutor
and
Emily Waithira Githinji
Accused
Ruling
1. The accused person Emily Waithira Githinji faces a charge of murder contrary to Section 203 as read with Section 204 of thePenal Code Cap 63 of the Laws of Kenya.
2. The particulars are that on the 29th day of September 2022 at Alidina Jomvu Sub-County, within Mombasa County murdered Peter Oloo Odhiambo.
3. The prosecution called 9 witnesses to support its case that the accused committee the offence herein. Counsel for the accused person submitted orally in court and the matter was reserved for ruling.
4. From the evidence of the 9 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend herself. She has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Mr. Ngiri for the StateMs. Memia Advocate for the AccusedAccused present in personCourt: Ruling delivered. Section 211 of the Criminal Procedure Code complied with.Order: Defence hearing on 11. 12. 2023HON. LADY JUSTICE A. ONG’INJO`JUDGE16. 11. 2023