[2019] KEHC 9607 (KLR)
The court found that the prosecution evidence, particularly from PW3 and PW4, established that a fight occurred between the accused persons and the deceased at the pub, resulting in the deceased's death. Although the first accused was initially arrested for refusing to record a statement, the court determined that...
Source-derived case information.
- Citation
- [2019] KEHC 9607 (KLR)
- Parties
- Applicant: Republic; Defendant: Martha Kathure Mutuma; Defendant: Morris Maore Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2016
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Put on Defence
- Outcome
- Both accused persons placed on their defence; case to proceed to defence hearing.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martha Kathure Mutuma
Defendant
Morris Maore Murungi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Put on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
- 2 Whether the evidence links both accused persons to the murder of Peter Muthuri.
Ratio Decidendi
The court found that the prosecution evidence, particularly from PW3 and PW4, established that a fight occurred between the accused persons and the deceased at the pub, resulting in the deceased's death. Although the first accused was initially arrested for refusing to record a statement, the court determined that both accused had a duty to explain the circumstances leading to the deceased's death, given their presence and involvement at the scene. Consequently, the court ruled that a prima facie case had been established against both accused persons, requiring them to be placed on their defence in accordance with Section 211 of the Criminal Procedure Code.
Court Disposition
Both accused persons placed on their defence; case to proceed to defence hearing.
Orders
- Both accused persons are placed on their defence under Section 211 of the Criminal Procedure Code.
- Production order to issue for the second accused for the next hearing date.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.64 OF 2016
REPUBLIC ..........................................PROSECUTION
VS
MARTHA KATHURE MUTUMA........1ST ACCUSED
MORRIS MAORE MURUNGI.............2nd ACCUSED
RULING
The accused persons Martha Kathure Mutuma and Morris Maore Murungi are jointly charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused persons on the 1st day of September 2016 at Maruri villange, Ntunene Location in Igembe North Sub-county within Meru County with another not before court murdered peter Muthuri.
From the evidence on record for the prosecution this court finds that a prima facie case has been established against Morris Maore Muring and he has a case to answer. As for A1 Martha Kathure Mutuma, PW3 said she was arrested and charged when she refused to record a statement after murder was committed at her pub.
PW3 and PW4 the Investigating officer however say that a fight broken between accused persons and the deceased and the deceased succumbed to injuries inflicted on him during the fight. This court finds that both A1 and A2 have a duty to explain what happened and how deceased met his death while at the pub where they were.
I do place both on defence.
HON. A.ONG’INJO
JUDGE
Before Adwera Onginjo
Kinoti – C/A
Ms Mbithe for state
Ms Wambulwa holding for Ogoki for D1
Mr Ojiambo Advocate for A2 – N/A
Ms Wambulwa holding brief
A1-Present in person
A2- N/A
Order: P.O. to issue for A2 for 19. 2.2019.
A1-B/Ext
19. 2.2019
Before Adwera –Ong’injo J
Kinoti –C/A
Ms Wambulwa Advocate for 1st Accused
Ms Wambulwa holding brief for Ojiambo for A2.
Court
Ruling delivered dated and signed in court. S. 211 Cp. C. Explained to accused persons and they reply.
HON. A.ONG’INJO
JUDGE
A1-Sworn statement: one witness
A2-Sworn statement: One witness
Order: Dhg 14. 5.2019
HON. A.ONG’INJO
JUDGE