[2017] KEHC 270 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the requirements of the Criminal Procedure Code. The ruling does not...
Source-derived case information.
- Citation
- [2017] KEHC 270 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kagichu Njuguna
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case114 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused found to have a case to answer; ordered to give defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kagichu Njuguna
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the requirements of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the prosecution's evidence meets the threshold to proceed to the defence stage.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 10/11/2017.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 114 OF 2013
REPUBLIC ................................................... STATE
VERSUS
JOHN KAGICHU NJUGUNA ............ ACCUSED
RULING
The accused faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called six (6) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to the charge.
Mr. Obutu for Accused
Court – Defence hearing on 10/11/2017.
Maureen A. Odero
Judge
19/10/2017.