[2018] KEHC 5335 (KLR)
The court found that the prosecution, through the testimony of six witnesses including two eyewitnesses who directly implicated the accused in the attack on the deceased, had established a prima facie case of murder. The evidence, if believed, would be sufficient to support a conviction. Therefore, the accused was...
Source-derived case information.
- Citation
- [2018] KEHC 5335 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Kithirime
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 104 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Kithirime
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 his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses including two eyewitnesses who directly implicated the accused in the attack on the deceased, had established a prima facie case of murder. The evidence, if believed, would be sufficient to support a conviction. Therefore, the accused was found to have a case to answer and was placed on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- The court to assist in issuing summons to Jeremiah Kainga as requested by the defence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 104 OF 2013
REPUBLIC ..................................................... PROSECUTION
VS
JULIUS KITHIRIME .............................................. ACCUSED
RULING
The accused Julius Kithirime was charged with the offence of murder contrary to section 204 of the penal code.
The particulars were that Julius Kithirime on the 17th day of October 2012 at Kaumone village, Akirang’ondu location Igembe North Sub County within Meru County murdered Francis Mwiti.
PW1 and PW5 saw the accused and 2 other people known to them namely Mwenda and Musiku attack and injure the deceased. They said the accused had an axe and/or jembe handle which he used to hit the deceased on the head. The deceased died 2 months later while undergoing treatment.
From the evidence of the 6 prosecution witnesses and from the written submissions filed herein this court is of the opinion the prosecution has proved prima facie that the accused committed the offence.
The accused therefore has a case to answer and is placed on defence.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 21st DAY OF JUNE 2018.
IN THE PRESENCE OF:
C/A:-Penina
Prosecution: - Mr Kiarie for state
Accused: - Present in person
Ms Nyagah Advocate for accused.
Ms Nyagah
Accused will give sworn statement and will call one witness. We seek that court assists us issue summons to Jeremiah Kainga of Kaumone village. Akirangondu sub-location Machungulu Location.
HON. A.ONG’INJO
JUDGE