[2023] KEHC 3395 (KLR)
The court found that the prosecution's evidence, comprising testimonies from fifteen witnesses including eye witnesses and medical experts, established a prima facie case of murder against the accused persons. The evidence was sufficient to require the accused to be put on their defence as per the threshold set out...
Source-derived case information.
- Citation
- [2023] KEHC 3395 (KLR)
- Parties
- Applicant: Republic; Defendant: Harrison Mwa; Defendant: John Kimweli Musau; Defendant: Linus Kipngetich Torer; Defendant: Joseph Mureithi; Defendant: David Kipkemoi; Defendant: Magdalene Naphapai
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, 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
Harrison Mwa
Defendant
John Kimweli Musau
Defendant
Linus Kipngetich Torer
Defendant
Joseph Mureithi
Defendant
David Kipkemoi
Defendant
Magdalene Naphapai
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case of murder against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution's evidence, comprising testimonies from fifteen witnesses including eye witnesses and medical experts, established a prima facie case of murder against the accused persons. The evidence was sufficient to require the accused to be put on their defence as per the threshold set out in Section 306(2) of the Criminal Procedure Code and the principles in Bhatt v R. The court therefore ruled that the accused persons have a case to answer and must proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Each accused person is put on their defence.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v Mwa & 5 others (Criminal Case 7 of 2020) [2023] KEHC 3395 (KLR) (26 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3395 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 7 of 2020
CM Kariuki, J
April 26, 2023
Between
Republic
Prosecution
and
Harrison Mwa
1st Accused
John Kimweli Musau
2nd Accused
Linus Kipngetich Torer
3rd Accused
Joseph Mureithi
4th Accused
David Kipkemoi
5th Accused
Magdalene Naphapai
6th Accused
Ruling
1. The Six Accused persons were charged with murder offence contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particular being that on 3rd day of August 2015 at Gatirima village, Kiambogo Location, within Laikipia County jointly murdered Mary Chepkorir Kiprotich alias Doctor.
3. They pleaded not guilty and matter went into full hearing.
4. The Prosecution called fifteen (15) witnesses and the Court is called to determine whether the Accused persons have a case to answer.
5. The Court has keenly perused the evidence of the account of the eye witnesses and the medical evidence on record. The overall evidence discloses a prima facie case of murder and thus Accused persons are put on their defence.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 26TH DAY OF APRIL 2023. ………………………………CHARLES KARIUKIJUDGE