[2011] KEHC 2704 (KLR)
The court found that the prosecution, having called five witnesses, has established a prima facie case against the accused sufficient to require him to be put on his defence. The evidence presented, if believed, would support a conviction. Therefore, the accused must be informed of his rights to address the court,...
Source-derived case information.
- Citation
- [2011] KEHC 2704 (KLR)
- Parties
- Applicant: Republic; Defendant: Joshua Mworia Mwiti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 166 of 2003
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- MM Kasango
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joshua Mworia Mwiti
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 to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, has established a prima facie case against the accused sufficient to require him to be put on his defence. The evidence presented, if believed, would support a conviction. Therefore, the accused must be informed of his rights to address the court, give evidence, or call witnesses in his defence.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence and informed of his rights to address the court, give evidence, or call witnesses.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 166 OF 2003
REPUBLIC........................................................................................................PROSECUTOR
VERSUS
JOSHUA MWORIA MWITI .....................................................................................ACCUSED
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Prosecution after calling 5 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 accused person to his defence. I now therefore inform the accused of his right to address the court either personally or by his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence.
Dated, signed and delivered at Meru this 19th day of May 2011.
MARY KASANGO
JUDGE