[2015] KEHC 2502 (KLR)
The court found, upon reviewing the evidence of the nine prosecution witnesses, that the evidence supports the charge of murder against the accused. Consequently, the court held that the accused has a case to answer and should be called upon to make his defence in accordance with the law.
Source-derived case information.
- Citation
- [2015] KEHC 2502 (KLR)
- Parties
- Respondent: Republic; Appellant: Ngungi Mbuvi alias Charles
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2012
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and called to make his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Case to Answer, Section 203 Penal Code, Section 204 Penal Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ngungi Mbuvi alias Charles
Appellant
Procedural Posture
Criminal Appeal / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found, upon reviewing the evidence of the nine prosecution witnesses, that the evidence supports the charge of murder against the accused. Consequently, the court held that the accused has a case to answer and should be called upon to make his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and called to make his defence.
Orders
- The accused is found to have a case to answer and is hereby called to make his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 21 OF 2012
REPUBLIC……....................................................PROSECUTION
VERSUS
NGUNGI MBUVI ALIAS CHARLES............................... ACCUSED
R U L I N G
The accused person faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to the offence.
At the close of the prosecution case, nine (9) witnesses had testified. I have perused the evidence of the prosecution witnesses and find that it supports the charge. The accused has a case to answer and is hereby called to make his defence.
DELIVERED, DATED AND SIGNED AT EMBU THIS 29TH DAY OF SEPTEMBER, 2015.
F. MUCHEMI
JUDGE
In the presence of:-
Mr. Nduku for accused
Ms. Nandwa for the State
The accused person