[2019] KEHC 10597 (KLR)
The court found that, after considering the evidence of the 11 prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against both accused persons. The evidence was sufficient to require the accused to be put on their defence under section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2019] KEHC 10597 (KLR)
- Parties
- Applicant: Republic; Defendant: Josphat Kimamo Ngunjiri; Defendant: Richard Ngunjiri Kimamo
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused persons to be put on their defence.
- Judges
- NA Matheka
- 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
Josphat Kimamo Ngunjiri
Defendant
Richard Ngunjiri Kimamo
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
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, after considering the evidence of the 11 prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against both accused persons. The evidence was sufficient to require the accused to be put on their defence under section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused persons must be placed on their defence to answer to the charge of murder.
Court Disposition
Accused persons to be put on their defence.
Orders
- The accused persons Josphat Kimamo Ngunjiri and Richard Ngunjiri Kimamo are hereby placed on their defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 14 OF 2014
REPUBLIC..........................................................................PROSECUTOR
-VERSUS-
JOSPHAT KIMAMO NGUNJIRI......................................1ST ACCUSED
RICHARD NGUNJIRI KIMAMO.....................................2ND ACCUSED
RULING
1. The accused persons Josphat Kimamo Ngunjiri and Richard Ngunjiri Kimamo are charged with murder c/s 203 as read with s. 204 of the Penal Code.
2. It is alleged that on the 24th April 2014 at Karaihu Village Tetu District within Nyeri County within the Republic of Kenya they jointly murdered Douglas Kamunya Ngunjiri.
3. The prosecution called 11 witnesses. At the close of their case the issue is whether the prosecution has established a prima facie case to warrant each of the accused being put on the defence.
4. I have carefully considered the evidence and the rival submissions by the Mr. Magoma for the state, and M. Nyakio for the accused persons. My view is that there is a prima facie case to warrant the accused being placed on the defence under s. 306(2) of the CPC
Dated, delivered and signed at Nyeri this 24th Day of January 2019.
Mumbua T Matheka
Judge
In the presence of:
Court Assistant: Jerusha
Accused person
Mr. Magoma for state
Ms. Nyakio for accused persons.