[2012] KEHC 4977 (KLR)

[2012] KEHC 4977 (KLR)

The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would justify a conviction. Therefore, the accused is required to give his defence in accordance with the law.

Source-derived case information.

Citation
[2012] KEHC 4977 (KLR)
Parties
Respondent: Republic; Defendant: Mathew Mumina Mutinda
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 15 of 2009
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Outcome
Accused found to have a case to answer; ordered to give his defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Mathew Mumina Mutinda

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.

Ratio Decidendi

The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would justify a conviction. Therefore, the accused is required to give his defence in accordance with the law.

Court Disposition

Accused found to have a case to answer; ordered to give his defence.

Orders

  • The accused shall give his defence to the charge of murder.