[2018] KEHC 3341 (KLR)
The court found that the evidence adduced by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 211 of the Criminal Procedure Code. The court explained to...
Source-derived case information.
- Citation
- [2018] KEHC 3341 (KLR)
- Parties
- Applicant: Republic; Defendant: John Paul Kinoti Muriithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Paul Kinoti Muriithi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused to be put on his defence for the offence of murder.
Ratio Decidendi
The court found that the evidence adduced by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 211 of the Criminal Procedure Code. The court explained to the accused his rights and options for defence, and the accused elected to give sworn evidence. The matter was set for further hearing to allow the accused to present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence for the offence of murder.
- The accused to give sworn evidence in his defence.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 33 OF 2011
REPUBLIC .............................................................. PROSECUTOR
VS
JOHN PAUL KINOTI MURIITHI ............................... ACCUSED
RULING
The accused John Paul Kinoti Murithi was charged with the offence of Murder contrary to section 203 as read with S.204 of the penal code particulars are that the accused on the 2nd day of March 2009 at Kionyo Market in Imenti South sub county within Eastern province (Meru County) murdered Maurice Mugambi Miriti.
From the prosecutions 5 witnesses evidence this court is of opinion the accused has a case to answer for the offence of murder. He is place on defence.
HON. A.ONG’INJO
JUDGE
Ruling Signed, Delivered and Dated this 27TH Day of September 2018.
In the presence of:
C/A:
Accused: Present in person
State: Mrs Mwathi for state.
Ms Nelima Advocate for accused.
Court
S.211 C.P.C complied with court has explained to accused how to defend himself.
Accused:
I will give sworn evidence.
Order
Dhg 4. 10. 2018 at 2. 00 pm
HON. A.ONG’INJO
JUDGE