[2020] KEHC 4792 (KLR)
The court found that the prosecution, through the testimonies of the deceased's wife and other witnesses, established that the accused was last seen with the deceased and that the deceased was returned with injuries by the accused and others. This evidence, when considered as a whole, was sufficient to establish a...
Source-derived case information.
- Citation
- [2020] KEHC 4792 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Mutethia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and placed on defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Martin Mutethia
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 his being put on his defence.
- 2 Whether the evidence presented links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimonies of the deceased's wife and other witnesses, established that the accused was last seen with the deceased and that the deceased was returned with injuries by the accused and others. This evidence, when considered as a whole, was sufficient to establish a prima facie case against the accused. Consequently, the court ruled that the accused has a case to answer and should be placed on his defence in accordance with the law.
Court Disposition
accused found to have a case to answer and placed on defence
Orders
- The accused is placed on his defence.
- Defence hearing set for 19th March 2020.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 2 OF 2018
REPUBLIC.............................................................................PROSECUTOR
VERSUS
MARTIN MUTETHIA..................................................................ACCUSED
RULING
Martin Mutethia was charged with the offence of Murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that Martin Mutethia on the 23rd day of December 2017 at Kairanya village Akirangondu location in Igembe South Subcounty within Meru County murdered Lawi Kabaya.
The deceased persons wife – PW3- testified that the accused herein and 20 others left together with the deceased on 22. 12. 2017 to go and sell miraa in Maua. That the following day at 6. 00 am they brought the deceased and placed the deceased outside the house and left him lying on the ground and he was having injuries. Coupled with the evidence of the PW1, PW2, PW4 and PW5 this court finds that a prima facie case has been established against the accused. The accused has a case to answer and is placed on defence.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 20TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused:- Present
State: Ms Mbithe for state.
Mr Mutuma Advocate for accused- N/A
Mr Kirimu holding brief.
Court: Provisions of S. 211 CPC explained to accused and he replies
Accused: Sworn statement.
Order: Defence hearing – 19. 3.2020
HON A. ONG’INJO
JUDGE