[2019] KEHC 5657 (KLR)
The court found that the prosecution's evidence, as presented by six witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with the law. The court did not make any findings on the merits of the...
Source-derived case information.
- Citation
- [2019] KEHC 5657 (KLR)
- Parties
- Respondent: Republic; Defendant: Nicholas Mwiti alias Mwala
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 87 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nicholas Mwiti alias Mwala
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 placing him on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented by six witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with the law. The court did not make any findings on the merits of the evidence at this stage but determined that the threshold for a case to answer had been met.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO.87 OF 2016
REPUBLIC........................................................................PROSECUTION
VS
NICHOLAS MWITI alias MWALA..........................................ACCUSED
RULING
The accused Nicholas Mwiti alias Mwala is charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
The particulars are that the accused person on the 11th day of November 2016 at Matundu Village, Kaarie Sub-location n Nchooro Location in Tigania West Sub county within Meru County murdered Romano Ngachie.
In consideration of the prosecution witnesses evidence tendered by 6 witnesses this court finds that a prima facie case has been established against the accused person sufficient to place the accused person on his defence. He has a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 11TH DAY OF JULY 2019.
In the presence of :
C/A: Kinoti
Accused:-
Mr Nyenyire Advocate for the accused:
Ms Mbithe for the State:
HON A. ONG’INJO
JUDGE