[2018] KEHC 7832 (KLR)
The court found that the prosecution had adduced sufficient evidence through ten witnesses to establish a prima facie case against the accused for the offence of murder. The evidence on record, if believed, would support a conviction. Therefore, the accused is required to make his defence as provided by law.
Source-derived case information.
- Citation
- [2018] KEHC 7832 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Mwaniki Mugo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and called upon to make his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Mwaniki Mugo
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 to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through ten witnesses to establish a prima facie case against the accused for the offence of murder. The evidence on record, if believed, would support a conviction. Therefore, the accused is required to make his defence as provided by law.
Court Disposition
Accused found to have a case to answer and called upon to make his defence.
Orders
- The accused is found to have a case to answer.
- The accused is called upon to make his defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 4 OF 2015
REPUBLIC ………......................…..........................PROSECUTION
VERSUS
JACKSON MWANIKI MUGO...........................................ACCUSED
R U L I N G
1. The accused person in this case faces a charge of murder contrary to Section 203 as read with 204 of the Penal Code. It is alleged that on th e7/01/2015 at Ishiara township in Mbere North sub-county he murdered Joseph Stephen Ireri. He pleaded not guilty to the charge.
2. Ten (10) prosecution witnesses testified in this case. I have considered the evidence on record carefully. It is my considered opinion that the evidence is sufficient to support the charge.
3. I therefore find that the accused has a case to answer. He is hereby called upon to make his defence.
DATED, DELIVERED AND SIGNED AT EMBU THIS 19TH DAY OF FEBRUARY, 2018.
F. MUCHEMI
JUDGE
In the presence of:-