[2023] KEHC 815 (KLR)
Upon reviewing the record and the evidence tendered by the prosecution, the court was satisfied that a prima facie case had been established against the accused person, Muyu Lopombogi, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2023] KEHC 815 (KLR)
- Parties
- Applicant: Republic; Defendant: Muyu Lopombogi
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Muyu Lopombogi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the accused has a case to answer for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
Ratio Decidendi
Upon reviewing the record and the evidence tendered by the prosecution, the court was satisfied that a prima facie case had been established against the accused person, Muyu Lopombogi, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the requirements of section 306 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Lopombogi (Criminal Case E002 of 2021) [2023] KEHC 815 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 815 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E002 of 2021
CM Kariuki, J
February 16, 2023
Between
Republic
Prosecutor
and
Muyu Lopombogi
Accused
Ruling
1. The Accused person was charged with offence of murder contrary to section 203 as read with section 204 of thePenal Code Cap 63 Laws of Kenya.
2. Particulars being that on 30th day of January, 2021 at Naibor Location Laikipia West sub county within Laikipia County, murdered Ekiru Nakaporo.
3. He pleaded not guilty and the matter went into full hearing.
4. I have perused the record and evidence tendered and I am convinced the accused has a case to answer thus, put on his defence.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 16THDAY OF FEBRUARY 2023. ..................................CHARLES KARIUKIJUDGE