[2018] KEHC 1102 (KLR)
The court found that the evidence tendered by the seven prosecution witnesses was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were placed on their defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused...
Source-derived case information.
- Citation
- [2018] KEHC 1102 (KLR)
- Parties
- Applicant: Republic; Defendant: Harun Mbae Kibiti; Defendant: Dennis Munene; Defendant: Titus Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- 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
Harun Mbae Kibiti
Defendant
Dennis Munene
Defendant
Titus Murithi
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 persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the evidence tendered by the seven prosecution witnesses was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were placed on their defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused persons' rights under this section and set a date for the defence hearing, thereby confirming that the prosecution had met the threshold required to shift the evidentiary burden to the accused at this stage of the proceedings.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 5/12/2018.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 54 OF 2013
REPUBLIC ............................................................................................................ PROSECUTOR
VS
HARUN MBAE KIBITI .........................................................................................1ST ACCUSED
DENNIS MUNENE ............................................................................................... 2ND ACCUSED
TITUS MURITHI ………………………………………………...……………… 3RD ACCUSED
RULING
The accused persons Harun Mbae Kibiti, Dennis Munene and Titus Murithi are charged with the offence of murder contrary to Section 203 of the Penal Code.
The particulars are that accused persons on the night of 5th May 2013 at Karindine Sub-Location, Kiirua location in Meru Central District within Meru County jointly murdered Peter Kaumbara M’Murungi. The evidence tendered by the 7 prosecution witness caused a prima facie case sufficient to place accused person on defence. They have a case to answer.
HON. A.ONG’INJO
JUDGE
22/11/2018
Before Hon. Adwera Onginjo, Judge
Kinoti – C/A
Miss Mwathi for State
Accused 1 – present in person
Accused 2 – Present in person
Accused 3 – present in person
Court– Ruling delivered dated and signed in court. Section 211 C.P.C explained.
HON. A.ONG’INJO
JUDGE
Mr. Omari – Accused person will give sworn evidence. We can have a date for Defence hearing.
Accused 1 – One witness
Accused 2 – One witness
Accused 3 – One witness
Order– Defence Hearing on 5/12/2018.
HON. A.ONG’INJO
JUDGE
22/11/2018