[2009] KEHC 2899 (KLR)
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2009] KEHC 2899 (KLR)
- Parties
- Respondent: Republic; Defendant: Nicasio Njeru Ngangi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 28 of 2003
- Procedural Posture
- Murder Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- J Karanja
- Legal Topics
- Murder Trial, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nicasio Njeru Ngangi
Defendant
Procedural Posture
Murder Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence pursuant to section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Murder Case 28 of 2003
REPUBLIC…………………………………………………PROSECUTOR
VERSUS
NICASIO NJERU NGANGI…………………………………..ACCUSED
RULING
I have gone through the evidence adduced by the state so far. I am satisfied that the same is sufficient to warrant me to place the accused person to his defence pursuant to section 306 (2) of the Criminal Procedure Code. He is accordingly placed onto his defence.
W. KARANJA
JUDGE
22/6/2009