[2025] KEHC 10416 (KLR)

[2025] KEHC 10416 (KLR)

Upon consideration of the evidence adduced by the five prosecution witnesses and the submissions of counsel, including the principles on the application of dying declarations and the ingredients of the offence of murder, the court found that the prosecution had established a prima facie case against the accused. The...

Source-derived case information.

Citation
[2025] KEHC 10416 (KLR)
Parties
Applicant: Republic; Defendant: Stephen Waweru Muriu
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
17 July 2025
Case Number
Criminal Case 15 of 2019
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Outcome
Accused found to have a case to answer and called upon to make his defence.
Judges
EM Muriithi
Legal Topics
Murder, Prima Facie Case, Case to Answer, Dying Declaration, Criminal Procedure, Burden of Proof
Source Language
english
Criminal Law Murder Prima Facie Case Case to Answer Dying Declaration Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Stephen Waweru Muriu

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
  2. 2 Whether the evidence adduced meets the threshold under section 306 of the Criminal Procedure Code for a case to answer in a murder trial.

Ratio Decidendi

Upon consideration of the evidence adduced by the five prosecution witnesses and the submissions of counsel, including the principles on the application of dying declarations and the ingredients of the offence of murder, the court found that the prosecution had established a prima facie case against the accused. The evidence, if uncontroverted, could lead to a conviction. Therefore, in accordance with section 306(2) of the Criminal Procedure Code, the accused is required to be put on his defence. The court refrained from giving detailed reasons at this stage to avoid prejudicing the fair trial of the accused, as established in binding precedent.

Court Disposition

Accused found to have a case to answer and called upon to make his defence.

Orders

  • The accused shall be called upon to make his defence under section 306(2) of the Criminal Procedure Code.
  • Directions for the Defence hearing shall be taken.