[2023] KEHC 20279 (KLR)
The court found that, after considering the evidence of nine prosecution witnesses and the submissions made, the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence for the charge of murder under section 203 as read...
Source-derived case information.
- Citation
- [2023] KEHC 20279 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Njogu Mututo
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Njogu Mututo
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 for the charge of murder.
Ratio Decidendi
The court found that, after considering the evidence of nine prosecution witnesses and the submissions made, the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence for the charge of murder under section 203 as read with section 204 of the Penal Code. The court therefore ruled that the accused has a case to answer and must proceed to present his defence.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Mututo (Criminal Case 15 of 2020) [2023] KEHC 20279 (KLR) (20 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20279 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 15 of 2020
CM Kariuki, J
July 20, 2023
Between
Republic
Prosecutor
and
Moses Njogu Mututo
Accused
Ruling
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. Particulars being that on the 29th day of July 2020, at Kiharo village in Kiharo sub-location, Gatumbiro location within Nyandarua West sub-county of Nyandarua county murdered Jane Waitherero Kariuki.
3. He pleaded not guilty and went to a full hearing.
4. The prosecution called nine (9) witnesses and closed its case. The court is called to decide whether the accused has a case to answer.
5. After going through the evidence and submissions.
6. I find the accused has a case to answer and put on his defence.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 20TH DAY OF JULY 2023. ………………………………CHARLES KARIUKIJUDGE