[2019] KEHC 3238 (KLR)
The court found that the prosecution, having called seven witnesses, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2019] KEHC 3238 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Mugambi M’Tuerandu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- 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 Mugambi M’Tuerandu
Defendant
Procedural Posture
Criminal Case / 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, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and explained his rights under section 211 of the Criminal Procedure Code, after which the accused elected to give a sworn statement and call no witnesses.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be put on his defence.
- Section 211 Criminal Procedure Code explained to accused.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 27 OF 2016
REPUBLIC ......................................... PROSECUTOR
VERSUS
MOSES MUGAMBI M’TUERANDU........ACCUSED
RULING
The accused Moses Mugambi M’Tuerandu is charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused person on the 19th day of April 2016 at BBC Area, Kithima location in Buuri District within Meru County murdered Sharon Kajuju.
From the evidence of the 7 prosectuion witnesses this court finds that a prima facie case has been established sufficient to place accused person on his defence. He has a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 3RD DAY OF October 2019.
In the presence of :
C/A: Japheth
Ms Mbithe for state
Accused – Present in person
Mr Kimathi Advocate for accused persons
Ms Mbithe for State - Present
Section 211 CPC explained to accused how he can defend himself and he replies :
Accused: Sworn statement. No witnesses.
Order: DHG - 5. 11. 2019
HON A. ONG’INJO
JUDGE