[2024] KEHC 14859 (KLR)
The court found that the prosecution, having called seven witnesses and produced documentary evidence, has established a prima facie case against the accused for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with section 306(2) of the...
Source-derived case information.
- Citation
- [2024] KEHC 14859 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Chege Ndathe
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- HI Ong'udi
- 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
Elijah Chege Ndathe
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 his being placed on his defence under section 306(2) of the Criminal Procedure Act.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and produced documentary evidence, has established a prima facie case against the accused for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Act. The court therefore ruled that the accused must be placed on his defence to answer to the charge of murder.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Act.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Ndathe (Criminal Case E016 of 2021) [2024] KEHC 14859 (KLR) (27 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14859 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E016 of 2021
HI Ong'udi, J
November 27, 2024
Between
Republic
Prosecutor
and
Elijah Chege Ndathe
Accused
Ruling
1. Elijah Chege Ndathe alias Kiere the accused stands charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that the accused on the night of 21st and 22nd December, 2020 at Kawago Farm Njoro sub-location in Njoro sub county within Nakuru County murdered Beatrice Muthoni.
2. He denied the charge and the case proceeded to full hearing with the prosecution calling seven (7) witnesses.
3. I have carefully considered the evidence on record, plus the documents produced and the submissions by the prosecution. I am satisfied that the prosecution has established a prima facie case against the accused who I hereby place on his defence under section 306(2) of the Criminal Procedure Act.
DELIVERED, DATED AND SIGNED THIS 27THDAY OF NOVEMBER, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE