[2022] KEHC 15539 (KLR)
The court found that the prosecution, through the testimony of eight witnesses, presented evidence that the accused struck the deceased with a metal bar, resulting in instant death. Upon reviewing the evidence on record, the court determined that a prima facie case had been established against the accused....
Source-derived case information.
- Citation
- [2022] KEHC 15539 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Maina Kariuki
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to enter defence.
- Judges
- CM Kariuki
- 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
Paul Maina Kariuki
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 him being put on his defence.
- 2 Whether the evidence on record links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses, presented evidence that the accused struck the deceased with a metal bar, resulting in instant death. Upon reviewing the evidence on record, the court determined that a prima facie case had been established against the accused. Consequently, the accused was found to have a case to answer and was called upon to enter his defence as required by law.
Court Disposition
Accused found to have a case to answer and ordered to enter defence.
Orders
- The accused is found to have a case to answer.
- The accused is ordered to enter his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kariuki (Criminal Case 9 of 2020) [2022] KEHC 15539 (KLR) (22 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15539 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 9 of 2020
CM Kariuki, J
November 22, 2022
Between
Republic
Prosecutor
and
Paul Maina Kariuki
Accused
Ruling
1. The Accused was charged with Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code Cap.
2. The particulars being that on May 10, 2020 at Gatami Muhotetu area in Laikipia West Sub County, within Laikipia County murdered Daniel Gacheru Njahi
3. He pleaded not guilty and matter went into full hearing.
4. The Prosecution called eight (8) witnesses and closed its case.
5. The Court is called to determine whether the accused has a case to answer. The courts notes that there is evidence that the accused hit deceased with a metal bar killing him instantly.
6. Thus, court after perusal at the evidence on record finds accused has a case to answer.
DATED , SIGNED AND DELIVERED AT NYAHURURU THIS 22 ND DAY OF NOVEMBER 2022 .……………………………… ..CHARLES KARIUKIJUDGE