[2019] KEHC 7217 (KLR)
The court found that the prosecution, having called seven witnesses and closed its case, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence on record, if uncontroverted, could potentially lead to a conviction. Therefore, the accused is required to give his side of the...
Source-derived case information.
- Citation
- [2019] KEHC 7217 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Muema Nyamai
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Muema Nyamai
Defendant
Procedural Posture
Criminal Trial / 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.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and closed its case, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence on record, if uncontroverted, could potentially lead to a conviction. Therefore, the accused is required to give his side of the story and is put to his defence as per the requirements of the law.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 83 OF 2017
REPUBLIC.........................................................PROSECUTOR
-VERSUS-
MICHAEL MUEMA NYAMAI...............................ACCUSED
RULING
1. The accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya.
2. That on 28/02/2014 at Ngondini village Nguluni Sub location, Watema Location, Wee Division Makueni County murdered Stanley Wambua Muema.
3. He pleaded not guilty and the matter went into trial. The prosecution called seven witnesses and closed its case.
4. The court is called upon to decide whether there is a case to answer on the accused side.
5. The court has gone through the evidence adduced and the accused’s advocate submissions.
6. The court finds that the accused has to give the side of his story. The court finds the evidence on record establishes a prima facie case thus accused is put to his defence.
SIGNED, DATED AND DELIVERED THIS 29TH DAY OF MAY 2019, IN OPEN COURT.
......................
C. KARIUKI
JUDGE