[2009] KEHC 2035 (KLR)
The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused must be put on his defence to answer to the charge of murder as required by law. The court informed the accused of his rights to address the...
Source-derived case information.
- Citation
- [2009] KEHC 2035 (KLR)
- Parties
- Applicant: Republic; Defendant: Nathan Mwito M’Ibabari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 74 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- MM Kasango
- 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
Nathan Mwito M’Ibabari
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused must be put on his defence to answer to the charge of murder as required by law. The court informed the accused of his rights to address the court, give evidence, or call witnesses in his defence, in accordance with the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence and informed of his rights to address the court, give evidence, or call witnesses.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU
Criminal Case 74 of 2005
REPUBLIC …………………………………….. PROSECUTOR
VERSUS
NATHAN MWITO M’IBABARI……..……….............. ACCUSED
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Prosecution after calling 5 witnesses closed its case. I have considered the evidence adduced by prosecution and I find that prosecution has shown a prima facie case sufficient to put accused person to his defence. I now therefore inform the accused of his right to address the court either personally or by his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence.
Dated and delivered at Meru this 2nd day of October 2009.
MARY KASANGO
JUDGE