[2010] KEHC 3472 (KLR)
The court found that the prosecution, having called four witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law, and is informed of his rights to address the...
Source-derived case information.
- Citation
- [2010] KEHC 3472 (KLR)
- Parties
- Respondent: Republic; Defendant: Jeremiah Kathurima
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- MM Kasango
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jeremiah Kathurima
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, having called four witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law, and is informed of his rights to address the court, give evidence, make an unsworn statement, and call witnesses.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence and informed of his rights to address the court, give evidence, make an unsworn statement, and call witnesses.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU
Criminal Case 64 of 2005
REPUBLIC …………………………………….. PROSECUTOR
VERSUS
JEREMIAH KATHURIMA ……….........….………. ACCUSED
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Prosecution after calling 4 witnesses closed its case. I have considered the evidence adduced by prosecution and I find that prosecution has shown a prima facie case sufficient to put accused person to his defence. I now therefore inform the accused of his right to address the court either personally or by his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence.
Dated and delivered at Meru this 19th day of March 2010.
MARY KASANGO
JUDGE