[2016] KEHC 180 (KLR)
The court found that the prosecution had adduced sufficient evidence through its nine witnesses to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that each accused person be put on his defence, as required by law when a prima facie case is...
Source-derived case information.
- Citation
- [2016] KEHC 180 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Ndungu Njenga; Defendant: John Koigi Wangare
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons to be put on their defence.
- Judges
- JV Juma
- 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 Ndungu Njenga
Defendant
John Koigi Wangare
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 persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its nine witnesses to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that each accused person be put on his defence, as required by law when a prima facie case is established at the close of the prosecution's case.
Court Disposition
Accused persons to be put on their defence.
Orders
- Each accused person shall give his defence to the charge.
- Hearing set for 6/4/2017 for defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 24 OF 2014
REPUBLIC..................................................................................... STATE
VERSUS
JOSEPH NDUNGU NJENGA ……................................ 1ST ACCUSED
JOHN KOIGI WANGARE............................................... 2ND ACCUSED
RULING
The two accused persons namely JOSEPH NDUNGU NJENGA and JOHN KOIGI WANGARE are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.The prosecution called a total of nine (9) witnesses in support of their case.
I have considered the evidence on record. I am satisfied that aprima faciecase has been established. I therefore direct that each accused person shall give his defence to the charge
Dated in Nakuru this 16th day of December, 2016
Mr. Kanyi holding brief for Mr. Terer
Court– Hearing on 6/4/2017 for defence. Mention on 10/2/2017.
Hearing notice to issue to Mr. Terer
Maureen A. Odero
Judge