[2020] KEHC 8421 (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 sufficient to require the accused persons to be placed on their defence in accordance with...
Source-derived case information.
- Citation
- [2020] KEHC 8421 (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; Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and placed 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
Jason Mutuma Thambura
Defendant
Margaret Kathambi Murithi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence presented links the accused persons to the offence of murder as charged.
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 sufficient to require the accused persons to be placed on their defence in accordance with the law. The court therefore ruled that both accused persons have a case to answer and should proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Both accused persons are found to have a case to answer and are placed on their defence.
Full Case Text
Judgment text and source record
21 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
JUDGMENT
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
JUDGMENT DELIVERED, DATED AND SIGNED IN COURT ON 30TH DAY OF JANUARY 2020.
In the presence of :
C/A:
Accused 1
Accused 2 :
State:
HON A. ONG’INJO
JUDGE