[2021] KEHC 3759 (KLR)
The court found that the prosecution, through the testimony of four witnesses, established a prima facie case against the accused, John Kirimi, for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332, the court determined that a reasonable tribunal could...
Source-derived case information.
- Citation
- [2021] KEHC 3759 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kirimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kirimi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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, through the testimony of four witnesses, established a prima facie case against the accused, John Kirimi, for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332, the court determined that a reasonable tribunal could convict the accused if no explanation is offered by the defence. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused put on his defence.
Orders
- The accused, John Kirimi, is hereby called upon to defend himself against the charge of murder.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J) _
CRIMINAL CASE NO. 3 OF 2019
BETWEEN
REPUBLIC…………………….……………………PROSECUTOR
AND
JOHN KIRIMI……….…………………………….…......ACCUSED
RULING
1. JOHN KIRIMI (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that
On 27th September, 2018 at Kaneta Location in Igembe Central Sub-County within Meru County, unlawfully murdered DOMINIC MUTUGI
2. In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332, a prima facie case was defined as one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
4. I have considered the evidence tendered by the four (4) prosecution witnesses and I am persuaded that a primafcie case has been established that warrants this court to call upon the Accused to defend himself.
DATED THIS 30th DAY OF September2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused- Mr. Ngunjiri Advocate
For the State - Ms. Mwaniki