[2019] KEHC 5758 (KLR)
The court found that the prosecution, having called ten witnesses and presented its case, has established a prima facie case against the accused person for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled...
Source-derived case information.
- Citation
- [2019] KEHC 5758 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutua Peter Nthangu alias Chua
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused placed on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutua Peter Nthangu alias Chua
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses and presented its case, has established a prima facie case against the accused person for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused is placed on his defence to answer to the charge of murder as provided under the Penal Code and the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO. 45 OF 2017
REPUBLIC..................................................PROSECUTION
-VERSUS-
MUTUA PETER NTHANGU alias CHUA.......ACCUSED
RULING
1. The accused person has been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63 of the Laws of Kenya.
2. The particulars are that on the night of 18th and 19th May 2009 at Kimooni village, Kiboko Location within Kibwezi District of the Eastern Province, accused person murdered Titus Mutisya Kyengo alias Tito.
3. The accused person pleaded not guilty and the prosecution called ten (10) witnesses in support of its case. I have carefully looked at the evidence on record and I am satisfied that the prosecution has established a prima facie case. Accordingly, the accused persons are placed on their defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.
.......................
C. KARIUKI
JUDGE