[2017] KEHC 1223 (KLR)

[2017] KEHC 1223 (KLR)

The court found that, after analysing the prosecution's evidence, there was no reliable evidence linking fourteen of the eighteen accused persons to the murders charged. The evidence was insufficient to establish a prima facie case against them, and it would be a violation of their rights to require them to answer...

Source-derived case information.

Citation
[2017] KEHC 1223 (KLR)
Parties
Applicant: Republic; Defendant: Joseph Thiongo Waweru; Defendant: Henry Ngugi Karuga Alias Mwene Cio; Defendant: Julius Kanyiri Wambui Alias Kamurang’a; Defendant: John Njoroge Gacho Alias Njinalo; Defendant: Harrison Kibande Marubu; Defendant: Joseph Muchui Muiruri; Defendant: Benard Murigi Karanja; Defendant: Josphat Macharia Marubu Alias Kasee; Defendant: Mary Mugechi Mburu Alias Wamugechi; Defendant: Joseph Nyamu Kago Alias Kimangu; Defendant: Patrick Ikuu Mugo; Defendant: Samuel Ikuu Mugo; Defendant: Peter Mburu Mungai; Defendant: Peter Murigi Ngige; Defendant: Zackaria Ngaruiya Mutwe; Defendant: John Kamau Kariuki; Defendant: Simon Ngugi Gitahi; Defendant: David Muiruri Chomba Alias Muchori
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
14 December 2017
Case Number
Criminal Case 34 of 2016
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Outcome
Partial acquittal; fourteen accused acquitted, four to be put on their defence.
Judges
EM Ngugi
Legal Topics
Murder Charges, No Case to Answer, Criminal Procedure, Burden of Proof
Source Language
english
Criminal Law Civil Procedure Murder Charges No Case to Answer Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Joseph Thiongo Waweru

Defendant

Henry Ngugi Karuga Alias Mwene Cio

Defendant

Julius Kanyiri Wambui Alias Kamurang’a

Defendant

John Njoroge Gacho Alias Njinalo

Defendant

Harrison Kibande Marubu

Defendant

Joseph Muchui Muiruri

Defendant

Benard Murigi Karanja

Defendant

Josphat Macharia Marubu Alias Kasee

Defendant

Mary Mugechi Mburu Alias Wamugechi

Defendant

Joseph Nyamu Kago Alias Kimangu

Defendant

Patrick Ikuu Mugo

Defendant

Samuel Ikuu Mugo

Defendant

Peter Mburu Mungai

Defendant

Peter Murigi Ngige

Defendant

Zackaria Ngaruiya Mutwe

Defendant

John Kamau Kariuki

Defendant

Simon Ngugi Gitahi

Defendant

David Muiruri Chomba Alias Muchori

Defendant

Procedural Posture

Criminal Trial / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against each accused person to warrant being put on their defence.
  2. 2 Whether the evidence adduced links each accused person to the murders charged.
  3. 3 Whether the rights of the accused would be violated by requiring them to answer to insufficient evidence.

Ratio Decidendi

The court found that, after analysing the prosecution's evidence, there was no reliable evidence linking fourteen of the eighteen accused persons to the murders charged. The evidence was insufficient to establish a prima facie case against them, and it would be a violation of their rights to require them to answer to the charges. Accordingly, the court acquitted these fourteen accused persons under Section 306(1) of the Criminal Procedure Code. However, as to the remaining four accused persons, the court determined that, taking the prosecution's case at its highest, there was sufficient evidence to require them to be put on their defence. The trial would therefore proceed to defence...

Court Disposition

Partial acquittal; fourteen accused acquitted, four to be put on their defence.

Orders

  • Fourteen accused persons acquitted under Section 306(1) of the Criminal Procedure Code and to be released unless otherwise lawfully held.
  • The remaining four accused persons (Joseph Thiongo Waweru, Henry Ngugi Karuga Alias Mwene Cio, Julius Kanyiri Wambui Alias Kamurang’a, John Njoroge Gacho Alias Njinalo) are put on their defence.