[2019] KEHC 6818 (KLR)
The court found that, based on the evidence of six prosecution witnesses, and particularly the testimony of PW2, a prima facie case had been established against the accused, Patrick Gikundi Mukiri. Pursuant to section 306(2) of the Criminal Procedure Code, the court ruled that the accused has a case to answer and...
Source-derived case information.
- Citation
- [2019] KEHC 6818 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Gikundi Mukiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(2) CPC
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder Charge, 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
Applicant
Patrick Gikundi Mukiri
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(2) CPC
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced by the prosecution, particularly by PW2, is sufficient at this stage to require the accused to respond.
Ratio Decidendi
The court found that, based on the evidence of six prosecution witnesses, and particularly the testimony of PW2, a prima facie case had been established against the accused, Patrick Gikundi Mukiri. Pursuant to section 306(2) of the Criminal Procedure Code, the court ruled that the accused has a case to answer and must be placed on his defence. The court explained the accused's rights under section 211 of the Criminal Procedure Code and set a date for the defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be placed on his defence.
- Defence hearing scheduled for 6th June 2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 30 OF 2014
REPUBLIC...............................................PROSECUTOR
V E R S U S
PATRICK GIKUNDI MUKIRI.....................ACCUSED
RULING
The accused person Patrick Gikundi Mukiri is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused persons on 29th Day of April 2014 at Kaiboo village Kabachi Location Igember North Subcounty /District within Meru County murdered Benard Gitonga.
From the evidence of the 6 prosecution witnesses and particularly PW2 this court pursuant to section 306 (2) of the CPC finds that the accused committed the offence and is therefore required to respond to the charge and evidence adduced against him. He has a case to answer and is placed on defence.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 23RD DAY OF MAY 2019.
In the presence of:
C/A: Japhet
State:-Ms Mbithe
Mr Wamache advocate for Mokuoa for accused.
Accused: Present in person
Court: S.211 CPC explained to accused.
Accused:
I will give sworn statement.
No witness
Order: Defence hearing 6. 6.2019
HON A. ONG’INJO
JUDGE