[2018] KEHC 1132 (KLR)
The court found that the prosecution had adduced sufficient evidence through its witnesses, particularly PW1 and PW2, connecting the accused persons to the offence of murder. The evidence established a prima facie case against the accused, thereby necessitating that they be placed on their defence. The court was...
Source-derived case information.
- Citation
- [2018] KEHC 1132 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Kimathi Charles; Defendant: Jeremiah Muthee Thaimuta; Defendant: Samuel Kiama
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case (case to Answer)
- Outcome
- Accused persons found to have a case to answer and placed 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
Julius Kimathi Charles
Defendant
Jeremiah Muthee Thaimuta
Defendant
Samuel Kiama
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case (case to Answer)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced connects the accused persons to the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its witnesses, particularly PW1 and PW2, connecting the accused persons to the offence of murder. The evidence established a prima facie case against the accused, thereby necessitating that they be placed on their defence. The court was satisfied that the threshold for a case to answer had been met in accordance with the standards set out in the Criminal Procedure Code and relevant case law.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to be placed on their defence.
- Section 211 Criminal Procedure Code explained to accused persons.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 63 OF 2013
REPUBLIC...............PROSECUTOR
VERSUS
JULIUS KIMATHI CHARLES
JEREMIAH MUTHEE THAIMUTA
SAMUEL KIAMA............ACCUSED
RULING
The accused persons Julius Kimathi Charles, Jeremiah and Samuel Kiogora Kiama were charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused persons on the 8th day of May 2013 at Mumui Location, Tigania west District in Meru County Jointly with others not before the court murdered Douglas Muthaura Maithima.
In consideration of the evidence of the 5 prosecution witnesses who testified in support of the charge against accused particularly PW1 and PW2 this court is convinced that sufficient evidence has been adduced connecting the accused persons to the offence herein. This court finds that a prima facie case has been established sufficient to place accused persons on defence. They have a case to answer.
HON A. ONG’INJO
JUDGE
25. 10. 18
Before Adwera J
Mrs Mwathi for state.
Mr Omari Advocate for accused persons – Mrs Ntarangwi holding brief.
A1
A2 Present in person.
A3
Penina Ct Assistant
COURT RULING DELIVERED DATED AND SIGNED IN COURT.
Section 211 C.P.C explained to accused persons.
HON A. ONG’INJO
JUDGE
Mrs Ntarangwi
Accused persons will give sworn statements A3 has one witness.
A1 – will call one witness
A2 – has no witness
Order
Dhg 9. 11. 2018
Accused bond extended.
HON A. ONG’INJO
JUDGE