[2019] KEHC 8275 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence on record to establish a prima facie case against the accused person. The evidence, if unchallenged, could potentially result in a conviction. Therefore, the accused is required to be put on his defence in accordance...
Source-derived case information.
- Citation
- [2019] KEHC 8275 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kariuki Nyaga Ngiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is called upon to make his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kariuki Nyaga Ngiri
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 person to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, presented sufficient evidence on record to establish a prima facie case against the accused person. The evidence, if unchallenged, could potentially result in a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
The accused is found to have a case to answer and is called upon to make his defence.
Orders
- The accused is hereby called upon to make his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 7 OF 2016
REPUBLIC.......................................PROSECUTION
VERSUS
JOSEPH KARIUKI NYAGA NGIRI......ACCUSED
R U L I N G
1. This is a ruling of whether there is a case to answer against the accused person.
2. The charge against the accused person is one of murder contrary to Section 203 as read with Section 204 of the Penal Code.A plea of not guilty was entered against the accused person.
3. The prosecution called six (6) witnesses in this case. I have carefully perused the evidence on record and I am convinced that a prima facie case has been made against the accused person.
4. I find that the accused person has a case to answer and is hereby called upon to make his defence.
5. It is hereby ordered.
DATED, DELIVERED AND SIGNED AT EMBU THIS 8TH DAY OF APRIL, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Mati for State
Ms. Kimotho for Migwi for the Accused