[2019] KEHC 5771 (KLR)
The court found that the prosecution, having called five witnesses and presented its evidence, has established a prima facie case against the accused person. This means that there is sufficient evidence on record which, if not rebutted, would warrant a conviction. Therefore, the accused is required to be put on his...
Source-derived case information.
- Citation
- [2019] KEHC 5771 (KLR)
- Parties
- Applicant: Republic; Defendant: Kyunu Maimbo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused person placed on his defence.
- Judges
- CM Kariuki
- 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
Kyunu Maimbo
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 being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses and presented its evidence, has established a prima facie case against the accused person. This means that there is sufficient evidence on record which, if not rebutted, would warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused person placed on his defence.
Orders
- The accused person is placed on his defence.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO. 8 OF 2018
REPUBLIC...........................................................PROSECUTION
-VERSUS-
KYUNU MAIMBO........................................................ACCUSED
RULING
1. The accused person has been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63 of the Laws of Kenya.
2. The particulars are that on the 10th day of January 2014 at kwa Mboo village, Kiumoni Sub-Location, Muusini Location, Kathonzweni District within Makueni County, the accused person murdered Jacinta Mutivi Kinyili.
3. The accused person pleaded not guilty and the prosecution called five (5) witnesses in support of its case. I have carefully looked at the evidence on record and I am satisfied that the prosecution has established a prima facie case. Accordingly, the accused persons are placed on their defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.
C. KARIUKI
JUDGE