[2022] KEHC 10185 (KLR)
The court found that the prosecution, having called six witnesses and closed its case, had established a prima facie case against the accused for the offence of murder. The evidence on record, when considered in totality, was sufficient to require the accused to be put on his defence. The court therefore ruled that...
Source-derived case information.
- Citation
- [2022] KEHC 10185 (KLR)
- Parties
- Applicant: Republic; Defendant: John Maina Muthee
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Maina Muthee
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and closed its case, had established a prima facie case against the accused for the offence of murder. The evidence on record, when considered in totality, was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused had a case to answer and should proceed to present his defence as required by law.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Muthee (Criminal Case 1 of 2020) [2022] KEHC 10185 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10185 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 1 of 2020
CM Kariuki, J
June 30, 2022
Between
Republic
Prosecution
and
John Maina Muthee
Accused
Ruling
1. The Accused was charged with Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code Cap Laws of Kenya.
2. The particulars are that on 14th January 2020, Marmanet Trading Centre in Marmanet Location within Laikipia County unlawfully murdered Samuel Nderitu Wachiuri.
3. The Accused pleaded not guilty to the charges and matter went into a full hearing.
4. The Prosecution called six witnesses and closed its close.
5. The Court was called to decide whether the accused had a case to answer.
6. The Parties Counsels lodged submissions which Court has gone through and the totality of the evidence on record; I find the Accused has a case to answer, and thus he is put on his defence.
DATED, SIGNED, AND DELIVERED AT NYAHURURU THIS 30TH DAY OF JUNE, 2022. CHARLES KARIUKIJUDGE