[2019] KEHC 5684 (KLR)
The court found that the prosecution, through its witnesses and particularly the testimony of PW5 Maureen Kavutha, had established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence for the charge of murder. Accordingly, the court...
Source-derived case information.
- Citation
- [2019] KEHC 5684 (KLR)
- Parties
- Applicant: Republic; Defendant: John Njue Ndwiga; Defendant: John Nyaga Njagi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put 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
John Njue Ndwiga
Defendant
John Nyaga Njagi
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 persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, through its witnesses and particularly the testimony of PW5 Maureen Kavutha, had established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence for the charge of murder. Accordingly, the court ruled that both accused persons have a case to answer and should proceed to present their defence as provided under Section 211 of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- Accused persons to be put on their defence.
- Defence hearing scheduled for 24th June 2019.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.83 OF 2014
REPUBLIC.......................................................PROSECUTION
VS
JOHN NJUE NDWIGA......................................1ST ACCUSED
JOHN NYAGA NJAGI.......................................2ND ACCUSED
RULING
The accused John Njue Ndwiga and John Nyaga Njagi are charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
The particulars are that the accused persons on the 10th day of October 2014 at Kamao Market, Mutuati Division Igembe North Sub county within Meru County jointly with another not before court murdered John Gitonga.
In consideration of the prosecution witnesses evidence and particularly PW5 Maureen Kavutha, this court finds that a prima facie case has been established against the accused persons sufficient to place the 2 accused persons on their defence. They have a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 13TH DAY OF JUNE 2019.
In the presence of :
C/A: Kinoti
State : Mr Maina for state
Accused:- A1 & A2 – present in person
Mr Ngugi for accused persons
HON A. ONG’INJO
JUDGE
S.211 CPC complied with explained to accused persons in Kiswahili Language which they understand and they reply:-
A1: I will give sworn statement. No witness
A2: I will give sworn evidence. No witness
Order: Defence hearing 24. 6.2019
HON A. ONG’INJO
JUDGE