[2015] KEHC 4149 (KLR)
The court found that the prosecution had adduced sufficient evidence through the testimony of nine witnesses to establish a prima facie case against the accused. The evidence showed that the accused stabbed the deceased after being confronted and slapped, and the deceased died as a result of the injuries sustained....
Source-derived case information.
- Citation
- [2015] KEHC 4149 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Kinyua Nancy
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; to be put on his defence
- Judges
- FN Muchemi
- Legal Topics
- Murder, Criminal Liability, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Kinyua Nancy
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 putting him on his defence.
- 2 Whether the evidence adduced supports the charge of murder under Section 203 as read with Section 204 of the Penal Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through the testimony of nine witnesses to establish a prima facie case against the accused. The evidence showed that the accused stabbed the deceased after being confronted and slapped, and the deceased died as a result of the injuries sustained. The accused surrendered himself to the police, and the sequence of events as narrated by the witnesses supports the charge of murder. Consequently, the court ruled that the accused has a case to answer and should be put on his defence.
Court Disposition
accused found to have a case to answer; to be put on his defence
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 14 OF 2011
REPUBLIC........................................................................................PROSECUTION
VERSUS
MARTIN KINYUA NANCY...............…......................................................ACCUSED
R U L I N G
The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to the offence.
The prosecution called nine witnesses in this case. The brief facts are that the accused was helping PW1 with some work in a butchery at Manyatta shopping centre on the material day and time. The deceased came to the butchery and confronted the accused. He then slapped the accused on the cheeks. The accused had a knife he was using at the butchery. He picked it and stabbed the deceased who collapsed on the side of the road as he was walking away. The accused person surrendered himself to the police. The deceased died while undergoing treatment at the hospital the same day.
I have carefully perused the evidence of the prosecution witnesses. It is my considered opinion that the prosecution have adduced sufficient evidence to support the charge. The accused has a case to answer.
DELIVERED, DATED AND SIGNED AT EMBU THIS 27TH DAY OF MAY, 2015.
F. MUCHEMI
JUDGE
In the presence of:-
The accused
Mr. Nduku for accused
Ms. Matere for State