[2024] KEHC 14907 (KLR)
The court found that the prosecution had adduced sufficient evidence through the testimonies of nine witnesses, including those who heard gunshots and those who were involved in the events surrounding the deaths. The accused was present at the scene and is a police officer. The evidence established a prima facie...
Source-derived case information.
- Citation
- [2024] KEHC 14907 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Kiarie
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E034 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence on both counts of murder.
- Judges
- HI Ong'udi
- 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
Francis Kiarie
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 for the offence of murder.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charges.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through the testimonies of nine witnesses, including those who heard gunshots and those who were involved in the events surrounding the deaths. The accused was present at the scene and is a police officer. The evidence established a prima facie case of murder against the accused, warranting that he be placed on his defence on both counts under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence on both counts of murder.
Orders
- The accused is placed on his defence on both counts under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kiarie (Criminal Case E034 of 2022) [2024] KEHC 14907 (KLR) (27 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14907 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E034 of 2022
HI Ong'udi, J
November 27, 2024
Between
Republic
Prosecutor
and
Francis Kiarie
Accused
Ruling
Ruling On Case To Answer 1. Francis Kiarie the accused herein is charged with two counts of Murder contrary to section 203 as read with section 204 of the penal code. The particulars in the 1st count are that on 3rd day of December, 2016 at Mercy Njeri Centre within Nakuru county murdered Charles Kariuki alias Karis. The particulars of the charge in the second count are that on the 3rd day of December, 2016 at Mercy Njeri Centre within Nakuru county murdered John Maina alias Krobon.
2. He denied the charges and the case proceeded to full hearing with the prosecution calling nine (9) witnesses. I have considered the evidence adduced plus the submissions by both counsel on no case to answer. From the evidence the deceased persons died as a result of gunshot wounds. PW1, PW2 and PW3 heard gunshots and they have testified on what they heard, saw and did PW7, PW8 and PW9 have also testified on the role they played in the whole matter. There is no dispute that the accused was at the scene of incident and he is a police officer.
3. After considering all the evidence I am satisfied that a prima facie case has been established against the accused who I hereby place on his defence on both counts, under section 306(2) of the Criminal Procedure Code.
4. Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 27THDAY OF NOVEMBER, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE