[2019] KEHC 8196 (KLR)
The court found that the prosecution, having called nine witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. The evidence on record, if believed, would support a conviction. Therefore, the accused persons are required to be put on their defence in accordance with...
Source-derived case information.
- Citation
- [2019] KEHC 8196 (KLR)
- Parties
- Applicant: Republic; Defendant: Nathan Nyaga Marioko; Defendant: Anthony Nyaga Njagi; Defendant: Japhet Muriuki Kaburu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused persons found to have a case to answer; ordered to make their defences
- Judges
- FN Muchemi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nathan Nyaga Marioko
Defendant
Anthony Nyaga Njagi
Defendant
Japhet Muriuki Kaburu
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 persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. The evidence on record, if believed, would support a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court did not evaluate the merits of the defence at this stage, as the ruling is limited to determining whether there is a case to answer.
Court Disposition
accused persons found to have a case to answer; ordered to make their defences
Orders
- The accused persons are found to have a case to answer and are called upon to make their defences.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 28 OF 2014
REPUBLIC....................................................................PROSECUTION
VERSUS
NATHAN NYAGA MARIOKO.....................................1ST ACCUSED
ANTHONY NYAGA NJAGI.........................................2ND ACCUSED
JAPHET MURIUKI KABURU....................................3RD ACCUSED
R U L I N G
1. This is a ruling of whether there is a case to answer against the three (3) accused persons.
2. The charge against the accused persons is one of murder contrary to Section 203 as read with Section 204 of the Penal Code.A plea of not guilty was entered in respect of each accused person.
3. The prosecution called nine (9) witnesses in this case. I have carefully perused the evidence on record and I am convinced that a prima facie case has been made against the three accused persons.
4. I find that the accused persons have a case to answer and are hereby called upon to make their defences.
5. It is hereby ordered.
DATED, DELIVERED AND SIGNED AT EMBU THIS 8TH DAY OF APRIL, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Mati for State
Mr. Momanyi for 1st & 2nd accused and
h/b for Ms. Njeru 3rd accused
Accused present