[2025] KEHC 915 (KLR)
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused for the offence of murder. Accordingly, the accused is required to be put on his defence. The court refrained from giving detailed reasons at this stage to avoid creating an impression of...
Source-derived case information.
- Citation
- [2025] KEHC 915 (KLR)
- Parties
- Applicant: Republic; Defendant: Harrison Mwaturi Mungai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E033 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- JM Nang'ea
- Legal Topics
- Murder Charge, 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
Harrison Mwaturi Mungai
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
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's evidence, taken at its highest, established a prima facie case against the accused for the offence of murder. Accordingly, the accused is required to be put on his defence. The court refrained from giving detailed reasons at this stage to avoid creating an impression of pre-judgment before the defence is heard, in line with established judicial practice.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Mungai (Criminal Case E033 of 2023) [2025] KEHC 915 (KLR) (4 February 2025) (Ruling)
Neutral citation: [2025] KEHC 915 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E033 of 2023
JM Nang'ea, J
February 4, 2025
Between
Republic
Prosecutor
and
Harrison Mwaturi Mungai
Accused
Ruling
1. The accused is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on 14th July 2023 at Njoro Town, Njoro Sub-County, within Nakuru County, he murdered Patrick Maina Ndirangu. He denied the offence.
2. The prosecution called seven (7) witnesses in proof of the charge. The defence Counsel chose not to make submissions on “no case to answer” at the close of the prosecution evidence.
3. Having perused the prosecution evidence viz a viz the charge, I find that a prima facie case has been made out warranting the accused to be put on his defence. It is judicial practice not to give reasons for such decision so that an impression is not created that the court has made up its mind before considering any defence that may be offered.
4. The accused is accordingly put on his defence.
RULING DELIVERED THIS 4THDAY OF FEBRUARY, 2025 IN THE PRESENCE OF:J. M. NANG’EA, JUDGE.Ms Sang for the DPPDefence Counsel, Ms MorandeAccused, PresentCourt Assistant (Jeniffer)