[2024] KEHC 15013 (KLR)
The court, having considered the evidence adduced by the prosecution through fifteen witnesses and the applicable law, found that a prima facie case had been established against the accused persons. The absence of defence submissions did not affect the court's duty to independently evaluate the evidence on record....
Source-derived case information.
- Citation
- [2024] KEHC 15013 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Kahuha Kahato; Defendant: Wilson Muthinji Mwangi
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Criminal Trial Procedure, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Daniel Kahuha Kahato
Defendant
Wilson Muthinji Mwangi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the accused persons have a case to answer for the offence of murder under Section 203 as read with Section 204 of the Penal Code.
Ratio Decidendi
The court, having considered the evidence adduced by the prosecution through fifteen witnesses and the applicable law, found that a prima facie case had been established against the accused persons. The absence of defence submissions did not affect the court's duty to independently evaluate the evidence on record. Consequently, the court held that the accused persons have a case to answer and should be put on their defence as required by law.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons are found to have a case to answer.
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Kahato & another (Criminal Case 4 of 2023) [2024] KEHC 15013 (KLR) (Crim) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15013 (KLR)
Republic of Kenya
In the High Court at Nyandarua
Criminal
Criminal Case 4 of 2023
CM Kariuki, J
November 28, 2024
Between
Republic
Prosecutor
and
Daniel Kahuha Kahato
1st Accused
Wilson Muthinji Mwangi
2nd Accused
Ruling
1. The Accused’s persons were charged with Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code Cap Laws of Kenya.
2. The particulars are that on the night of 27th and 28th February, 2021 at unknown time, within Table Land village, Igwamiti Location Nyahururu Sub-County within Laikipia County, Murdered Leonard Kariuki Kihonge
3. The accused pleaded not guilty and matter went into full trial.
4. The prosecution called fifteen (15) witnesses and the court is called to determine whether accused have case to answer.
5. The parties Advocates were to file submissions on issue of submissions on issue for whether the accused have a case to answer thus be put on defence or not.
6. As at the time of drafting this ruling non of the members submissions was on record thus court has perused the evidence on record and the law applicable and I find the accused persons have case to answer thus put on their defence.
RULING DATED, SIGNED, AND DELIVERED AT NYANDARUA THIS 28ST DAY OF NOVEMBER 2024. ………………………………..CHARLES KARIUKIJUDGE