[2021] KEHC 3748 (KLR)
The court found that the prosecution, through the testimony of four witnesses, had established a prima facie case against the accused, Irene Kageni, for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt -Vs- Republic, the court held that a reasonable tribunal could convict on the...
Source-derived case information.
- Citation
- [2021] KEHC 3748 (KLR)
- Parties
- Defendant: IRENE KAGENI; Respondent: REPUBLIC
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 78 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and is put on her defence.
- Judges
- TW Cherere
- 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
IRENE KAGENI
Defendant
REPUBLIC
Respondent
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 her being put on her defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of four witnesses, had established a prima facie case against the accused, Irene Kageni, for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt -Vs- Republic, the court held that a reasonable tribunal could convict on the evidence presented if no explanation is offered by the defence. Therefore, the accused is required to be put on her defence to answer to the charge of murder as stipulated under Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer and is put on her defence.
Orders
- The accused is called upon to defend herself against the charge of murder.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO. 78 OF 2019
BETWEEN
REPUBLIC..........................PROSECUTOR
AND
IRENE KAGENI.......................ACCUSED
RULING
1. IRENE KAGENI (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that
On 15th October,2019 at Miruriri market, Miruriri location in Imenti at Sub-County within Meru County, unlawfully murdered DENNIS MURITHI
2. In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332, a prima facie case was defined as one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
4. I have considered the evidence tendered by the four (4) prosecution witnesses and I am persuaded that a primafcie case has been established that warrants this court to call upon the Accused to defend herself.
DATED THIS 30THDAY OF SEPTEMBER , 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused - Mr. Ngunjiri Advocate
For the State - Ms. Mwaniki