[2025] KEHC 2150 (KLR)
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused for the offence of murder. In accordance with Section 306 of the Criminal Procedure Code and established judicial practice, the court determined that the accused should be...
Source-derived case information.
- Citation
- [2025] KEHC 2150 (KLR)
- Parties
- Applicant: Republic; Defendant: David Chege Kimiri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2016
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- JM Nang'ea
- Legal Topics
- Murder Charge, 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
David Chege Kimiri
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused for the offence of murder. In accordance with Section 306 of the Criminal Procedure Code and established judicial practice, the court determined that the accused should be put on his defence. The court refrained from providing detailed reasons at this stage to avoid creating the impression that it had prejudged the case before hearing the defence.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence to the charge of murder.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kimiri (Criminal Case 49 of 2016) [2025] KEHC 2150 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2150 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 49 of 2016
JM Nang'ea, J
February 6, 2025
Between
Republic
Prosecutor
and
David Chege Kimiri
Accused
Ruling
1. The accused faces a charge of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence state that on 30th August 2016 at Shemeji Lodge Junction Centre in Nakuru North Sub County within Nakuru County he murdered Rahab Wambui Muchiri. He pleaded “not guilty”.
2. The prosecution called 6 witnesses in a bid to prove the charge. The defence Counsel intimated that he would file Written Submissions on “no case to answer” but none have been put in.
3. Having read through the prosecution evidence against the charge, I am satisfied that the prosecution has made out a prima facie case warranting placing the accused on his defence. It is judicial practice not give reasons for such decision so that an impression is not created that the court has already made up its mind before considering any defence the accused may put up.
4. The accused is accordingly put on his defence to the charge.
J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 6TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:Ms Sang for the DPPMr. Opar advocate for the accusedAccused, PresentCourt Assistant (Jeniffer)J. M. NANG’EA, JUDGE.