[2023] KEHC 19835 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Therefore, the accused is required to be put on his defence in accordance...
Source-derived case information.
- Citation
- [2023] KEHC 19835 (KLR)
- Parties
- Applicant: Republic; Defendant: Bonface Fundi Kimani
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is put on his 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
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Parties
Republic
Applicant
Bonface Fundi Kimani
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kimani (Criminal Case 38 of 2017) [2023] KEHC 19835 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19835 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 38 of 2017
CM Kariuki, J
July 6, 2023
Between
Republic
Prosecution
and
Bonface Fundi Kimani
Accused
Ruling
1. The accused is charged with the offence of murder Contrary to Section 203 as read with Section 204 Penal Code.
2. On the December 3, 2017, at Kariamu Trading Centre, Olkalou within Nyandarua County murdered Joyce Njeri Fundi.
3. He pleaded not guilty, and the matter went into full trial.
4. The Prosecution called seven (7) and closed the case. Both the Prosecution and defence did not wish to submit at this stage.
5. The court has perused the evidence on record, and I have concluded that the accused has a case to answer.
THEY ARE DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 6TH DAY OF JULY 2023. ………………………..CHARLES KARIUKIJUDGE