[2020] KEHC 8526 (KLR)
The court found that the prosecution, through the testimony of 10 witnesses, had established a prima facie case against Jason Mutuma Thambura and Margaret Kathambi Murithi for the offence of murder. The evidence presented was deemed sufficient to require the accused to be put on their defence, as required by law....
Source-derived case information.
- Citation
- [2020] KEHC 8526 (KLR)
- Parties
- Applicant: Republic; Defendant: Jason Mutuma Thambura; Defendant: Margaret Kathambi Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Put on Defence
- Outcome
- accused persons found to have a case to answer; ordered to present 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
Jason Mutuma Thambura
Defendant
Margaret Kathambi Murithi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Put on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of 10 witnesses, had established a prima facie case against Jason Mutuma Thambura and Margaret Kathambi Murithi for the offence of murder. The evidence presented was deemed sufficient to require the accused to be put on their defence, as required by law. The court therefore ruled that both accused persons have a case to answer and should proceed to present their defence in accordance with Section 211 of the Criminal Procedure Code.
Court Disposition
accused persons found to have a case to answer; ordered to present defence
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 19th March 2020.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 13 OF 2018
REPUBLIC.................................................................................................PROSECUTOR
VERSUS
JASON MUTUMA THAMBURA............................................................1ST ACCUSED
MARGARET KATHAMBI MURITHI...................................................2ND ACCUSED
RULING
The accused persons Jason Mutuma Thambura and Margaret Kathambi Murithi were charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars that Jason Mutuma Thambura and Margaret Kathambi Murithi on the 17th day of January 2018 at Kiirua Location in Buuri Subcounty within Meru county jointly murdered Patrick Karamba.
From the evidence of the 10 prosecution witnesses this court finds that a prima facie case has been established sufficient to place accused persons on their defence. They have a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 6TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused 1 – Present in person
Accused 2 : Present in person
State: Ms Matere for state.
Mr G. Kimathi Advocate for accused persons.
HON A. ONG’INJO
JUDGE
Court
S. 211 CPC Complied with.
Accused 1 – sworn evidence
Accused 2- Sworn statement
Mr E.Kimathi Advocate
I will consult the accused persons whether they will call witnesses.
Order: Defence hearing 19. 3.2020
HON A. ONG’INJO
JUDGE