[2019] KEHC 7184 (KLR)
The court found that the prosecution, having called five witnesses and presented evidence on record, had established a prima facie case against the accused. The evidence was deemed sufficient to require the accused to be put on her defence in accordance with the law. The court was satisfied that the threshold for a...
Source-derived case information.
- Citation
- [2019] KEHC 7184 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwikali Munyao alias Janet
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused put on her defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mwikali Munyao alias Janet
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses and presented evidence on record, had established a prima facie case against the accused. The evidence was deemed sufficient to require the accused to be put on her defence in accordance with the law. The court was satisfied that the threshold for a case to answer had been met, and thus the accused was called upon to present her defence.
Court Disposition
accused put on her defence
Orders
- The accused is put on her defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 3 OF 2017
REPUBLIC...........................................................PROSECUTOR
-VERSUS-
MWIKALI MUNYAO alias JANET..........................ACCUSED
RULING
1. The accused is 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. Particulars being that on 10/02/2017 at Mithine Village in Kibwezi Sub-County within Makueni County murdered Muteti Kiseli.
3. The accused pleaded not guilty and the matter went into a trial. The prosecution called five (5) witnesses to prove its case.
4. At the close of the prosecution case the court is called to make a ruling on whether there is a prima facie case to warrant accused person to be put on his defence.
5. The accused advocate put in submissions but the prosecution opted to reply on the evidence on record.
6. After going through the evidence on record and the submissions tendered, I find that the evidence tendered is sufficient to warrant the accused to be put on her defence.
7. Thus the accused is put in her defence.
SIGNED, DATED AND DELIVERED THIS 30TH DAY OF MAY 2019, IN OPEN COURT.
.......................
C. KARIUKI
JUDGE