[2024] KEHC 788 (KLR)
The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence which, if believed, could result in a conviction. Therefore, the threshold for a prima facie case as required by section 306(2) of the Criminal Procedure Code was met. The accused was accordingly placed on his...
Source-derived case information.
- Citation
- [2024] KEHC 788 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Wang'Endo Kinuthia
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is placed on his defence.
- Judges
- GL Nzioka
- Legal Topics
- Murder, Criminal 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
Benard Wang'Endo Kinuthia
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence which, if believed, could result in a conviction. Therefore, the threshold for a prima facie case as required by section 306(2) of the Criminal Procedure Code was met. The accused was accordingly placed on his defence to answer to the charge of murder.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused shall proceed to inform the court of the manner of defence and/or how the defence will be conducted.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kinuthia (Criminal Case 15 of 2020) [2024] KEHC 788 (KLR) (17 January 2024) (Ruling)
Neutral citation: [2024] KEHC 788 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case 15 of 2020
GL Nzioka, J
January 17, 2024
Between
Republic
Prosecutor
and
Benard Wang’Endo Kinuthia
Accused
Ruling
1. The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Upon the accused pleading not guilty to the information, the prosecution called a total of seven (7) witnesses. I have considered the evidence adduced by these witnesses at the close of the prosecution case and I rule that, the prosecutor has adduced adequate evidence to place the accused on his defence. Consequently I rule that the accused has a case to answer.
3. Pursuant to the provisions of section 306(2) of the Criminal Procedure Code, I direct that, the accused proceed to inform the court of the manner of defence and/or how the defence will be conducted.
4. It is so ordered.
DATED, DELIVERED AND SIGNED THIS 17TH DAY OF JANUARY 2024GRACE L. NZIOKAJUDGEIn the presence ofThe accused present virtuallyMr. Ndiema for the stateMr. Wairegi for the accusedMs Ogutu - court assistant