[2014] KEHC 6132 (KLR)
The court found that, after considering the evidence of ten prosecution witnesses and the submissions of both parties, the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence as per Section 306 of the Criminal...
Source-derived case information.
- Citation
- [2014] KEHC 6132 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Kamau Kirehu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CC Kipkorir
- 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
Nicholas Kamau Kirehu
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.
- 2 Whether the evidence on record is sufficient to require the accused to make his defence under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that, after considering the evidence of ten prosecution witnesses and the submissions of both parties, the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence as per Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must make his defence.
Court Disposition
accused put on his defence
Orders
- The accused Nicholas Kamau Kirehu is found to have a case to answer and is required to make his defence as per Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 51 OF 2012
REPUBLIC.................................................PROSECUTOR
VERSUS
NICHOLAS KAMAU KIREHU..............................ACCUSED
RULING
The accused, Nicholas Kamau Kirehu is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on 5th July 2012 at Mahinga Village Ngecha Location within Kiambu County, murdered John Maina Muraya. He denied the charge when he was arraigned in court to take plea on 18th July 2012.
The trial has proceeded with the prosecution calling a total of 10 witnesses whose testimony is now on record. Both the prosecuting counsel and the defence counsel have filed submissions and highlighted the same before court.
Having carefully considered and analysed all the evidence on record as well as the submissions made by both the prosecution and the defence, I find that the prosecution has established a prima facie case to warrant putting the accused on his defence. I find the accused Nicholas Kamau Kirehu has a case to answer. I require him to make his defence as per Section 306 of the Criminal Procedure Code.
Ruling deliveredat Nairobi this17th day of March, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………..: Court clerk
………………................ : Accused
……………………………..: For the Accused
……………………………..: For the State