[2019] KEHC 5614 (KLR)
The court found that the evidence adduced by the prosecution, through seven witnesses, was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the law. The ruling was based on the standard that,...
Source-derived case information.
- Citation
- [2019] KEHC 5614 (KLR)
- Parties
- Respondent: Republic; Defendant: Julius Mungathia Kaberia alias Kubwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2016
- Procedural Posture
- Criminal Trial / 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, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Julius Mungathia Kaberia alias Kubwa
Defendant
Procedural Posture
Criminal Trial / 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 evidence adduced by the prosecution, through seven witnesses, was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the law. The ruling was based on the standard that, at this stage, the court does not determine guilt but only whether the prosecution's evidence is sufficient to require the accused to respond.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to give sworn evidence on the next hearing date.
- Accused remanded in custody.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCR 26 OF 2016
REPUBLIC.......................................PROSECUTOR
VERSUS
JULIUS MUNGATHIA KABERIA.......ACCUSED
RULING
The accused Julius Mungathia Kaberia alias Kubwa faces a charge of Murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that Julius Mungathia Kaberia alias Kubwa on the 13th day of May 2016 at Mwangaza Area in Isiolo Town within Isiolo County murdered Andrew Thuranira.
Seven prosecution witnesses testified to support the charge against the accused person and this court finds that their evidence was sufficient and raised a prima facie case sufficient to place accused on his defence. He has a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 17TH DAY OF JULY 2019.
In the presence of :
C/A: Kinoti
Accused:
Mr Omari Advocate for accused person:
Mr Chelule holding brief for Mbithi for state
Mr Omari Advocate: Accused will give sworn evidence.
Order: Dhg 24. 7.19
Accused remanded in custody.
HON A. ONG’INJO
JUDGE