[2019] KEHC 10595 (KLR)
The court found that, after considering the evidence of the ten prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused person. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused...
Source-derived case information.
- Citation
- [2019] KEHC 10595 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Kanyi Muchiri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- NA Matheka
- 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
Moses Kanyi Muchiri
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the ten prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused person. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 1 OF 2014
REPUBLIC........................................................PROSECUTOR
-VERSUS-
MOSES KANYI MUCHIRI....................................ACCUSED
RULING
1. The accused person Moses Kanyi Muchiri is charged with murder c/s 203 as read with s. 204 of the Penal Code.
2. It is alleged that on the 25th December 2013 at Ndunyu Market in Mahiga Location of Nyeri South Sub-County within Nyeri County murdered Samuel Muchungi Njoroge alias Kigumo.
3. The prosecution called 10 witnesses. At the close of their case the issue is whether the prosecution has established a prima facie case to warrant the accused being put on the defence.
4. I have carefully considered the evidence and the rival submissions by the Mr. Magoma for the state, and Mr. Muchiri wa Gathoni for the accused person. My view is that there is a prima facie case to warrant the accused being placed on the defence under s. 306(2)of the CPC
Dated, delivered and signed at Nyeri this 24th Day of January 2019.
Mumbua T Matheka
Judge
In the presence of:
Court Assistant: Jerusha
Accused person
Mr. Magoma for state
Ms. Nyakio holding brief for Muchiri wa Gathoni