[2014] KEHC 6667 (KLR)
The court found that the prosecution, through the testimony of 13 witnesses including eye witnesses, had established sufficient evidence to make a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was...
Source-derived case information.
- Citation
- [2014] KEHC 6667 (KLR)
- Parties
- Applicant: Republic; Defendant: James Gachanja Njoroge
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2010
- Procedural Posture
- Murder Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused placed on his defence.
- 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
James Gachanja Njoroge
Defendant
Procedural Posture
Murder Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of 13 witnesses including eye witnesses, had established sufficient evidence to make a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence presented, if unrebutted, would warrant a conviction, thus necessitating the accused to answer to the charge of murder.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MURDER CASE NO. 16 OF 2010
REPUBLIC..........................................................PROSECUTION
VERSUS
JAMES GACHANJA NJOROGE...............................ACCUSED
R U L I N G
The accused is facing a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The Prosecution called a total of 13 witnesses. The eye witnesses have explained what they saw and I am satisfied that there is sufficient evidence to make me place the accused on his defence which I hereby do.
He is placed on his defence under Section 306(2) of the Criminal Procedure Code.
DELIVERED, SIGNED AND DATED AT EMBU THIS 11TH DAY OF FEBRUARY, 2014.
H.I. ONG’UDI
JUDGE
In the presence of:-
Mr. Miiri for for State
Mr. Githinji Ken for Mugambi for Accused
Accused
Njue CC