[2017] KEHC 165 (KLR)
The court found that the prosecution, having called seven witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. This finding compels the accused to be put on their defence as required by law. The court did not make a determination on guilt or innocence at this stage...
Source-derived case information.
- Citation
- [2017] KEHC 165 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Radiala Muchiri; Defendant: Samuel Njihia Muchiri; Defendant: Samuel Mugendi Njeru; Defendant: Joesph Thuo Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused persons found to have a case to answer; ordered to give their defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, 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
Kennedy Radiala Muchiri
Defendant
Samuel Njihia Muchiri
Defendant
Samuel Mugendi Njeru
Defendant
Joesph Thuo Mwangi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. This finding compels the accused to be put on their defence as required by law. The court did not make a determination on guilt or innocence at this stage but only assessed whether the evidence, if uncontroverted, would warrant a conviction. The threshold for a prima facie case was met, and the matter proceeds to the defence hearing.
Court Disposition
Accused persons found to have a case to answer; ordered to give their defence.
Orders
- Each accused shall give his defence to the charge.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 10 OF 2014
REPUBLIC................................................................STATE
VERSUS
KENNEDY RADIALA MUCHIRI.............1ST ACCUSED
SAMUEL NJIHIA MUCHIRI....................2ND ACCUSED
SAMUEL MUGENDI NJERU...................3RD ACCUSED
JOESPH THUO MWANGI..........................4TH ACCUSED
RULING
The 4 accused persons namely KENNEDY RADIALA MUCHIRI, SAMUEL NJIHIA MUCHIRI, SAMUEL MUGENDI NJERU and JOESPH THUO MWANGI are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called seven (7) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that each accused shall give his defence to the charge.
Dated in Nakuru this 3rd day of November, 2017
Ms Chemngetich for Accused
Mr. Motende for DPP
Court– Hearing on 18/12/2017 for defence hearing.
Maureen A. Odero
Judge