[2017] KEHC 98 (KLR)
The court found that the prosecution, having called ten witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. This means that, if the accused persons chose to remain silent, the evidence on record would be sufficient to warrant their conviction unless rebutted....
Source-derived case information.
- Citation
- [2017] KEHC 98 (KLR)
- Parties
- Applicant: Republic; Defendant: Monica Wanjiru Njoroge; Defendant: James Nyakundi Mogere; Defendant: Jared Laban Ondari
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused persons found to have a case to answer; ordered to give their defence.
- Judges
- JV Juma
- 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
Monica Wanjiru Njoroge
Defendant
James Nyakundi Mogere
Defendant
Jared Laban Ondari
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. This means that, if the accused persons chose to remain silent, the evidence on record would be sufficient to warrant their conviction unless rebutted. Therefore, the court directed that each accused person be put on their defence to answer to the charge of murder.
Court Disposition
Accused persons found to have a case to answer; ordered to give their defence.
Orders
- Each accused person shall give their defence to the charge of murder.
- Defence hearing scheduled for 11/12/2017.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 54 OF 2013
REPUBLIC.............................................................................................STATE
VERSUS
MONICA WANJIRU NJOROGE...........................................1ST ACCUSED
JAMES NYAKUNDI MOGERE.............................................2ND ACCUSED
JARED LABAN ONDARI ......................................................3RD ACCUSED
RULING
The three accused persons MONICAH WANJIRU NJOROGE, JAMES NYAKUNDI MORERE and JARED LABAN ONDARI are all jointly charged with MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called ten (10) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that each accused person shall give their defence to the charge.
Dated in Nakuru this 3rd day of November, 2017
Mr. Nyaribo for accused 1
Mr. Tombe for accused 2
Mr Biko for accused 3
Court – Defence hearing on 11/12/2017.
Maureen A. Odero
Judge