[2015] KEHC 7541 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused, Margaret Ndunge Mutua, for the murder of Jackson Kimeu. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused...
Source-derived case information.
- Citation
- [2015] KEHC 7541 (KLR)
- Parties
- Applicant: Republic; Defendant: Margaret Ndunge Mutua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 80 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on her defence; prosecution established a prima facie case.
- 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
Margaret Ndunge Mutua
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 her being put on her defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused, Margaret Ndunge Mutua, for the murder of Jackson Kimeu. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on her defence in accordance with the law. The court informed the accused of her rights regarding the manner of her defence and the option to call witnesses.
Court Disposition
Accused put on her defence; prosecution established a prima facie case.
Orders
- The accused, Margaret Ndunge Mutua, is put on her defence.
- The accused is informed of her right to address the court in person or through her advocate, to elect whether to give evidence on oath or not, and to call witnesses if she so wishes.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIRIOBI
CRIMINAL CASE NO. 80 OF 2012
REPUBLIC…………………………………………….PROSECUTOR
VERSUS
MARGARET NDUNGE MUTUA…………………………ACCUSED
RULING
Margaret Ndunge Mutua, the accused before the court, is charged with the murder of Jackson Kimeu, deceased contrary to section 203 read with section 204 of the Penal Code. The particulars of the charge show that the offence was committed on 2nd October 2012 at Mailisaba Village in Nairobi District within Nairobi Province. The accused is represented by Mr. Wamwayi, advocate. The prosecution was led by Ms Ikol, prosecution counsel.
Seven witnesses have testified for the prosecution. At the close of the prosecution case this court must determine whether the evidence on record is sufficient to establish a prima facie case to require the accused to defend herself. I have analyzed the entire record of the proceedings. I am satisfied that there is sufficient evidence to require the accused to defend herself. I will and do hereby put her on her defence. She is hereby informed of her right to address this court either in person or through her advocate on the manner she prefers to defend herself, whether by taking an oath or without taking an oath. She is also informed of her right to inform the court if she wishes to call any witnesses to testify in her defence. It is so ordered.
Dated, signed and delivered this 22nd day of June 2015.
S.N. MUTUKU
JUDGE