[2016] KEHC 998 (KLR)
The court found that the evidence adduced by the seven prosecution witnesses was sufficient and credible to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with Section 211(1) of the Criminal Procedure Code. The court made this...
Source-derived case information.
- Citation
- [2016] KEHC 998 (KLR)
- Parties
- Appellant: Republic; Respondent: John Maina Muthoni
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Murder Case 13 of 2013
- Procedural Posture
- Criminal Murder Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- JK Mulwa
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Appellant
John Maina Muthoni
Respondent
Procedural Posture
Criminal Murder Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant him being put on his defence under Section 210 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the evidence adduced by the seven prosecution witnesses was sufficient and credible to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with Section 211(1) of the Criminal Procedure Code. The court made this determination in the absence of written submissions from either party, relying solely on the evidence presented during the prosecution's case.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is hereby put on his defence under Section 211(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL MURDER CASE13 OF 2013
REPUBLIC.......................................…......................................... APPELLANT
VERSUS
JOHN MAINA MUTHONI............................................................RESPONDENT
1. The accused John Maina Muthoni was charged with the offense ofMurder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on the night of 22nd December 2 at Memo village Kinangop Location in Nyandarua South District within Nyandarua County, jointly with others before the court murdered Josephine Muthoni Mwangi. He pleaded not guilt to the offense.
2. The prosecution called seven(7) witnesses. I e considered the said evidence. Upon close of the prosecution case both parties agreed to file written submissions on whether or not the prosecution established a case to warrant him being called upon to defend himself under the Provisions Section 210 of the Criminal Procedure Code. None filed such submissions. The prosecution asked the court to make a decision from the evidence on record.
3. I have carefully considered the evidence of the seven prosecution witnesses. I find sufficient and credible evidence that a case been made out to require the accused person to be put one fence as stated in section 211 (1)of theCriminal Procedure Code.
Order accordingly.
Dated, signed and delivered in court this 16th day of November 2016.
JANET MULWA
JUDGE