[2013] KEHC 3709 (KLR)
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling did not determine guilt but...
Source-derived case information.
- Citation
- [2013] KEHC 3709 (KLR)
- Parties
- Applicant: Republic; Defendant: Harrison Njue Njogu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence; matter to proceed to defence hearing.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Harrison Njue Njogu
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 to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling did not determine guilt but required the accused to respond to the prosecution's case.
Court Disposition
Accused placed on his defence; matter to proceed to defence hearing.
Orders
- The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Criminal Case 22 of 2011 [if gte mso 9]><![endif]
REPUBLIC ........................................................................PROSECUTOR
VERSUS
HARRISON NJUE NJOGU …..... …..................................... ACCUSED
R U L I N G
The accused is charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. The Prosecution called 8 witnesses.
From the evidence adduced I am satisfied that the Prosecution has established a prima facie case against the accused who I hereby place on his defence, under the Provisions of section 306 (2) Criminal Procedure Code.
DATED AND DELIVERED AT EMBU THIS 11TH DAY OF APRIL 2013.
H.I. ONG'UDI
J U D G E
In the presence of;
M/s Ingaidzu for State
Mr. Githinji Ken for M/s Njeru for accused
Accused
Njue – C/c
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