[2019] KEHC 7225 (KLR)
The court found that the prosecution, having called four witnesses and closed its case, had established a prima facie case against the accuseds, Joseph Musyoka Mbithi and Amos Muya Kimengei, for the murders of Albanus Maingi Mwendo and Patricia Syombua. The evidence on record was deemed sufficient to require the...
Source-derived case information.
- Citation
- [2019] KEHC 7225 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Musyoka Mbithi; Defendant: Amos Muya Kimengei
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 168 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accuseds put on their defence; prima facie case established
- Judges
- CM Kariuki
- 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
Joseph Musyoka Mbithi
Defendant
Amos Muya Kimengei
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accuseds to warrant putting them on their defence.
- 2 Whether the evidence on record is sufficient to require the accuseds to answer to the charges of murder.
Ratio Decidendi
The court found that the prosecution, having called four witnesses and closed its case, had established a prima facie case against the accuseds, Joseph Musyoka Mbithi and Amos Muya Kimengei, for the murders of Albanus Maingi Mwendo and Patricia Syombua. The evidence on record was deemed sufficient to require the accuseds to be put on their defence in accordance with the standards set out in Section 306 of the Criminal Procedure Code. The court therefore ruled that the accuseds must give their side of the story and be put on their defence.
Court Disposition
accuseds put on their defence; prima facie case established
Orders
- The accuseds are put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 168 OF 2017
REPUBLIC.........................................................PROSECUTOR
-VERSUS-
JOSEPH MUSYOKA MBITHI....................... 1ST ACCUSED
AMOS MUYA KIMENGEI............................. 2ND ACCUSED
RULING
1. The accuseds were charged with:
Count I: Murder Contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya.
2. Particulars being that on 10/09/2014 at Mbuvo village Kathonzweni District, Makueni County, Joseph Musyoka Mbithi and Amos Muya Kimengei murdered Albanus Maingi Mwendo.
Count II: Murder contrary to Section 202/204 of Penal Code Cap 163 Laws of Kenya.
3. Particulars being that on 10/09/2014, at Mbuvo village of Kathonzweni district in Makueni county, Joseph Musyoka Mbithi and Amos Muya Kimengei murdered Patricia Syombua
4. The accuseds pleaded not guilty and the matter went into full trial. The prosecution called four witnesses and closed its case.
5. The court is called upon to decide whether the accuseds should be put on their defence.
6. The court has gone through the evidence on record.
7. The court finds that the accuseds have to give their side of story as a prima facie case has been established. They are put on their defence.
SIGNED, DATED AND DELIVERED THIS 31ST DAY OF MAY 2019, IN OPEN COURT.
...........................
C. KARIUKI
JUDGE