[2017] KEHC 1224 (KLR)
The court found that the prosecution, having called eleven witnesses, presented sufficient evidence on record to establish a prima facie case against the accused for the charge of murder. The evidence, if uncontroverted, could support a conviction. Therefore, the accused is required to be put on her defence in...
Source-derived case information.
- Citation
- [2017] KEHC 1224 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Muthoni Muturi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is called upon to make her defence.
- Judges
- FN Muchemi
- 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
Mary Muthoni Muturi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's 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, having called eleven witnesses, presented sufficient evidence on record to establish a prima facie case against the accused for the charge of murder. The evidence, if uncontroverted, could support a conviction. Therefore, the accused is required to be put on her defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and is called upon to make her defence.
Orders
- The accused is hereby called upon to make her defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 18 OF 2013 (MURDER)
REPUBLIC…….................................................... PROSECUTION
VERSUS
MARY MUTHONI MUTURI............................................ACCUSED
R U L I N G
1. The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. A plea of not guilty was entered in this case.
2. The prosecution called eleven (11) witnesses who testified before this court. At the close of the prosecution’s case, the defence counsel Ms. Muthoni opted not to file submissions leaving the court to make its ruling.
3. I have carefully considered the evidence on record. It is my considered opinion that it is sufficient to support the charge. The prosecution have established a prima facie case. The accused is hereby called upon to made her defence.
DELIVERED, DATED AND SIGNED AT EMBU THIS 20TH DAY OF DECEMBER, 2017.
F. MUCHEMI
JUDGE
In the presence of:-
Ms. Muriuki for Muthoni for accused
Ms. Manyal for State