[2017] KEHC 4395 (KLR)
The court found that the prosecution had adduced evidence through nine witnesses showing that the accused, together with another, assaulted the deceased following a dispute, resulting in fatal head injuries. The evidence established a prima facie case sufficient to require the accused to be put on his defence under...
Source-derived case information.
- Citation
- [2017] KEHC 4395 (KLR)
- Parties
- Applicant: Republic; Defendant: John Thuo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 93 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and ordered to make his 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 Thuo
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 his being put on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution had adduced evidence through nine witnesses showing that the accused, together with another, assaulted the deceased following a dispute, resulting in fatal head injuries. The evidence established a prima facie case sufficient to require the accused to be put on his defence under Section 306 of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold for a prima facie case in a murder trial, and the accused was accordingly called upon to make his defence.
Court Disposition
Accused found to have a case to answer and ordered to make his defence.
Orders
- The accused shall make his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE. NO. 93 OF 2012
REPUBLIC............PROSECUTION
VERSUS
JOHN THUO.................ACCUSED
RULING
1. The accused John Thuo is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on the 5th day of October, 2012 at Ngong Township in Kajiado North District within Kajiado County jointly with another not before court murdered Joel Githinji Njenga.
2. Nine witnesses have testified for the prosecution. It is their testimony that the deceased was assaulted by the accused and one Kariuki upon disagreement over money previously advanced to the deceased and over work. All three worked in the matatu industry. The deceased slipped into a coma after 2 days and later died while awaiting surgery at the Kenyatta National Hospital. He was found to have died of head injury.
3. At the close of the prosecution case, both the Prosecution and the defence filed submissions.
4. I have carefully considered the prosecution evidence now on record. I have also considered the submissions. I find that a prima facie case has been established against the accused. He shall make his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly
Ruling delivered, datedand signedat Nairobithis 19th day of June2017
……………………..
R LAGAT-KORIR
HIGH COURT JUDGE
In the presence of:
Yussuf: Court clerk
John Thuo: The accused
………………………………….: For the accused
…………………………………..: For the State