[2021] KEHC 1110 (KLR)
The court found that, after considering the evidence of four prosecution witnesses and the submissions filed by the defence, the prosecution had established a prima facie case against the accused. Therefore, the accused was required to be put on his defence in accordance with the law governing criminal trials in Kenya.
Source-derived case information.
- Citation
- [2021] KEHC 1110 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Mathenge Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case E003 of 2020
- Procedural Posture
- Murder Trial / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Legal Topics
- Murder, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mathenge Kinyanjui
Defendant
Procedural Posture
Murder Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant the accused being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of four prosecution witnesses and the submissions filed by the defence, the prosecution had established a prima facie case against the accused. Therefore, the accused was required to be put on his defence in accordance with the law governing criminal trials in Kenya.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
MURDER NO. E003 OF 2020
REPUBLIC.......................................................PROSECUTOR
-VERSUS-
JOSEPH MATHENGE KINYANJUI....................ACCUSED
RULING
1. The accused is charged with offence of Murder contrary to Section 203 as read with Section 204 Penal Code.
2. Particulars being that on 06/10/2020 at Githagiine village Oraimutia Location, Nyandarua West, Nyandarua County murdered Cynthia Wanjiru Mathenge.
3. He pleaded not guilty and matter proceeded for hearing of prosecution witnesses four testified and court was called to determine whether accused has a case to answer to warrant him to be put on his defence. Advocates both sides were directed to put submissions and only defence counsel filed.
4. I have gone through the evidence and submissions and I find the accused has a case to answer. He is thus put on his defence.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 9TH DAY OF DECEMBER, 2021.
………………………………..
CHARLES KARIUKI
JUDGE