[2018] KEHC 5813 (KLR)
The court found that the prosecution's evidence, including eyewitness accounts and medical testimony, was sufficient to establish a prima facie case against the accused persons. The testimonies of PW1 and PW3 placed the accused at the scene and described the assault in broad daylight, while the post-mortem report...
Source-derived case information.
- Citation
- [2018] KEHC 5813 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Mwiti Kirema; Defendant: Japhet Murithi M’Igweta
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2014
- 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
Isaac Mwiti Kirema
Defendant
Japhet Murithi M’Igweta
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 links the accused persons to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness accounts and medical testimony, was sufficient to establish a prima facie case against the accused persons. The testimonies of PW1 and PW3 placed the accused at the scene and described the assault in broad daylight, while the post-mortem report confirmed the cause of death. The cumulative effect of the prosecution's evidence met the threshold required at this stage, necessitating that the accused be placed on their defence to answer the charge of murder.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to give sworn statements and call witnesses.
- Defence hearing scheduled for 4th September 2018.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 88 OF 2014
REPUBLIC.................................................PROSECUTION
VS
ISAAC MWITI KIREMA............................1STACCUSED
JAPHET MURITHI M’IGWETA..............2ND ACCUSED
RULING
The accused Isaac Mwiti and Japhet Murithi M’Igweta are both charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that on 26th day of September 2014 at Nchoroiboro village, Ruiri location, Buuri division within Meru County the accused persons Isaac Mwiti Kirema and Japhet Muirethi M’Igweta jointly with others not before the court murdered Elijah Kirimi.
PW1 who also sustained injuries during assault on the deceased witnessed the deceased being murdered.
Pw3 the daughter in law of the deceased also testified to have witnessed the incident. PW1 and PW3 say it happened in broad daylight. PW2 Dr. Simon Mwangi produced post-mortem Report confirming the death and cause of death of the deceased. From evidence of the 5 prosecution witnesses, this court is of the view that a prima facie case has been established sufficient to place accused persons on defence. They have a case to answer.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 27TH DAY OF JUNE 2018 .
IN THE PRESENCE OF:
C/A:-Penina
Prosecution: - Mr Kiarie for state
Mr Omari Advocate for Accused
A1
A2 Present in person
Mr Omari Advocate
The accused person will give sworn statements and will call witnesses. I will confirm the number of witnesses.
Order
Defence Hearing 4. 9.18
HON. A.ONG’INJO
JUDGE