[2019] KEHC 6995 (KLR)
The court found that the prosecution, having called eleven witnesses and presented its case, had established a prima facie case against the accused, Grace Wanjiru Gathumbi, for the offence of murder. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is...
Source-derived case information.
- Citation
- [2019] KEHC 6995 (KLR)
- Parties
- Respondent: Republic; Defendant: Grace Wanjiru Gathumbi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be put on her defence.
- 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
Respondent
Grace Wanjiru Gathumbi
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 her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called eleven witnesses and presented its case, had established a prima facie case against the accused, Grace Wanjiru Gathumbi, for the offence of murder. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on her defence in accordance with the law. The court directed that her rights and options be explained to her before she presents her defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on her defence.
Orders
- The accused is found to have a case to answer and is placed on her defence.
- The accused's rights and options shall be explained to her before she presents her defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 18 OF 2013
REPUBLIC
VERSUS
GRACE WANJIRU GATHUMBI....................ACCUSED
RULING
1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code; she is accused of having murdered Rosemary Wangechi Ndaiga between the 3rd and 4th day of September, 2008 at Solio Estate in Narumoru Location Kieni East District within Nyeri County; on the 16th September, 2013 a plea of not guilty to the charge was entered;
2. At the hearing hereof the accused was represented by Learned Counsel Mr.Ombongi whereas Mrs. Gicheha was the Prosecuting Counsel for the State; the prosecution called a total of eleven (11) witnesses in support of its case; at the close of the prosecution case counsel for the accused was invited to make submissions as to whether the prosecution had made out a case to require the accused person to be called upon to defend herself;
3. After hearing the submissions made by the respective counsels and having addressed the evidence on record this court is satisfied that the prosecution has made out a prima facie case against the accused; this court finds that she has a case to answer that warrants her to be placed on her defence; her rights and options will be put to her before she presents her defence;
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 9th day of January, 2019.
HON.A.MSHILA
JUDGE