[2015] KEHC 2624 (KLR)
The court found that the prosecution, having called ten witnesses including eye witnesses, had established a prima facie case against the accused persons. The evidence on record was sufficient to require the accused to be put on their defence in accordance with Section 211 of the Penal Code. The court therefore...
Source-derived case information.
- Citation
- [2015] KEHC 2624 (KLR)
- Parties
- Appellant: Republic; Respondent: Joseph Njage Waheri; Respondent: Eunice Ikamba
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 28 of 2012
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer; ordered to make their defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Case to Answer, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Joseph Njage Waheri
Respondent
Eunice Ikamba
Respondent
Procedural Posture
Criminal Appeal / Ruling on Case to Answer
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, having called ten witnesses including eye witnesses, had established a prima facie case against the accused persons. The evidence on record was sufficient to require the accused to be put on their defence in accordance with Section 211 of the Penal Code. The court therefore ruled that the accused persons have a case to answer and must make their defence.
Court Disposition
Accused persons found to have a case to answer; ordered to make their defence.
Orders
- The accused persons are called upon to make their defence in the manner provided under Section 211 of the Penal Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 28 OF 2012
REPUBLIC……..................................PROSECUTION
VERSUS
JOSEPH NJAGE WAHERI..................1ST ACCUSED
EUNICE IKAMBA................................2ND ACCUSED
R U L I N G
The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to the offence.
The prosecution gathered ten (10) witnesses who testified before the court who included some eye witnesses. The court has carefully considered the evidence on record and that the accused has a case to answer.
He is therefore called upon to make his defence in the manner provided under Section 211 of the Penal Code.
DELIVERED, DATED AND SIGNED AT EMBU THIS 29TH DAY OF SEPTEMBER, 2015.
F. MUCHEMI
JUDGE
In the presence of:-
Mr. Nduku for Momanyi for both accused
Ms. Nandwa for State