[2019] KEHC 10792 (KLR)
The court found that the prosecution, having called eleven witnesses, established sufficient evidence to make out a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2019] KEHC 10792 (KLR)
- Parties
- Applicant: Republic; Defendant: Josphat Njiru Njoka
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is called upon to make his defence.
- Judges
- FN Muchemi
- 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
Josphat Njiru Njoka
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 person to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called eleven witnesses, established sufficient evidence to make out a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and is called upon to make his defence.
Orders
- The accused is found to have a case to answer.
- The accused is hereby called upon to make his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 2 OF 2013
REPUBLIC............................................PROSECUTION
VERSUS
JOSPHAT NJIRU NJOKA............................ACCUSED
R U L I N G
1. The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The prosecution called eleven (11) witnesses who testified in support of their case. I have perused the evidence of the prosecution and I am satisfied that a prima facie case has been established.
3. I find that the accused person has a case to answer and is hereby called upon to made their defence.
4. It is hereby so ordered.
DATED, DELIVERED AND SIGNED AT EMBU THIS 17TH DAY OF JANUARY, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Mati for State
Ms. Njeru for accused
Accused present