[2022] KEHC 1946 (KLR)
The court found that the prosecution, having called seven witnesses and tendered evidence, established a prima facie case against the accused persons. This satisfied the legal threshold for requiring the accused to be put on their defence as per the applicable law. The judge reviewed the evidence and exhibits and...
Source-derived case information.
- Citation
- [2022] KEHC 1946 (KLR)
- Parties
- Applicant: Republic; Defendant: James Mwangi Kimani; Defendant: John Njenga Wanjiku
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 17 of 2019
- Procedural Posture
- Criminal Murder / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons to be put 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
James Mwangi Kimani
Defendant
John Njenga Wanjiku
Defendant
Procedural Posture
Criminal Murder / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and tendered evidence, established a prima facie case against the accused persons. This satisfied the legal threshold for requiring the accused to be put on their defence as per the applicable law. The judge reviewed the evidence and exhibits and determined that the prosecution's case was sufficient to call for an answer from the accused, in line with the requirements of Section 306 of the Criminal Procedure Code.
Court Disposition
Accused persons to be put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAHURURU
CRIMINAL MURDER NO. 17 OF 2019
REPUBLIC...................................................................................................PROSECUTOR
VERSUS
JAMES MWANGI KIMANI......................................................................1ST ACCUSED
JOHN NJENGA WANJIKU.......................................................................2ND ACCUSED
RULING
1. The accused persons are charged with two counts on the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars are that on 26th September, 2019 at Rurii village in Nyandarua Central Sub – County in Nyandarua County jointly murdered Michael Gitonga MathengeandElizabeth Wanjiku Gachagua.
3. They pleaded not guilty and matter went into full hearing.
4. The prosecution called 7 witnesses and closed its case.
5. The court is called to determine whether the accused should be put on their defence.
6. I have gone through the evidence so far tendered plus exhibits.
7. I am satisfied that the prosecution has made a prima facie case to warrant accused persons to be put on their defence.
8. It is so ordered.
DATED AND SIGNED AT NYAHURURU THIS 17TH DAY OF FEBRUARY, 2022.
......................................
CHARLES KARIUKI
JUDGE