[2018] KEHC 5513 (KLR)
The court found that the prosecution, through the evidence of six witnesses and particularly the testimonies of PW2, PW5, and PW6, has established a prima facie case against the accused, Jacob Bundi. The evidence presented is sufficient to require the accused to be put on his defence as required by law in murder...
Source-derived case information.
- Citation
- [2018] KEHC 5513 (KLR)
- Parties
- Applicant: Republic; Defendant: Jacob Bundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his 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
Jacob Bundi
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of six witnesses and particularly the testimonies of PW2, PW5, and PW6, has established a prima facie case against the accused, Jacob Bundi. The evidence presented is sufficient to require the accused to be put on his defence as required by law in murder cases. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be put on his defence.
- Defence hearing set for 8th August 2018.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 17 OF 2014
REPUBLIC..................................PROSECUTION
VS
JACOB BUNDI......................................ACCUSED
RULING
The accused Jacob Bundi was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
The particulars are that Jacob Bundi on the 30th day of June 2012 at Kinyanka village, Kiegoi Sub-location, Igembe North in Meru County murdered Stephen Kirimi. From the evidence of the prosecutions 6 witnesses and particularly PW2, PW5 & PW6 this court is convinced that a prima facie case has been raised sufficient to place accused on defence. He has a case to answer.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 12TH DAY OF JULY 2018.
IN THE PRESENCE OF:
C/A:-Penina
Accused: Present in person.
Mr Igweta Advocate for accused.
HON. A.ONG’INJO
JUDGE
Court
S.211 C.P.C explained.
Mr Igweta
Accused will call 2 witnesses. He will give sworn statement. I pray for Dhg date.
Order
Dhg 8. 8.2018
Hon A.Ong’injo J
12. 7.2018