[2010] KEHC 1451 (KLR)
The court found that the prosecution, having called three witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. This finding requires the accused to be put on their defence in accordance with the law. The court therefore informed the accused of their rights to...
Source-derived case information.
- Citation
- [2010] KEHC 1451 (KLR)
- Parties
- Applicant: Republic; Defendant: Joshua Kairithia M’Inagwa; Defendant: Raphael Kinoti Bundi; Defendant: James Murangiri Stephen
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2007
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- 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
Joshua Kairithia M’Inagwa
Defendant
Raphael Kinoti Bundi
Defendant
James Murangiri Stephen
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution, having called three witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. This finding requires the accused to be put on their defence in accordance with the law. The court therefore informed the accused of their rights to address the court, give evidence, or make an unsworn statement, and to call witnesses in their defence.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Accused persons to be put on their defence as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MERU
Criminal Case 83 of 2007
REPUBLIC .................................................. PROSECUTOR
VERSUS
JOSHUA KAIRITHIA M’INAGWA ........... 1ST ACCUSED
RAPHAEL KINOTI BUNDI ...................... 2ND ACCUSED
JAMES MURANGIRI STEPHEN ............. 3RD ACCUSED
RULING
The accused were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.Prosecution after calling 3 witnesses closed its case.I have considered the evidence adduced by prosecution and I find that prosecution has shown a prima facie case sufficient to put the accused persons to their defence.I now therefore inform the accused of their right to address the court either personally or by their advocate, to give evidence on their behalf, or to make an unsworn statement, and to call witnesses in their defence.
Dated and delivered at Meru this 8th day o f October 2010.
MARY KASANGO
JUDGE