[2021] KEHC 4575 (KLR)
The court found that the prosecution had established a prima facie case against the accused based on the testimonies of the eye witnesses, who are the children of both the deceased and the accused, and the medical evidence confirming the cause of death. The evidence presented was sufficient to require the accused to...
Source-derived case information.
- Citation
- [2021] KEHC 4575 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Kamau Irungu
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 16 of 2018
- Procedural Posture
- Murder Case / Ruling on Prima Facie Case
- Outcome
- prima facie case established; accused to be put on his defence
- 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
Paul Kamau Irungu
Defendant
Procedural Posture
Murder Case / Ruling on Prima Facie Case
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 presented links the accused to the murder of Penina Wanja Njoki.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused based on the testimonies of the eye witnesses, who are the children of both the deceased and the accused, and the medical evidence confirming the cause of death. The evidence presented was sufficient to require the accused to be put on his defence as per the requirements of the law. The court therefore ruled that the accused must offer his defence.
Court Disposition
prima facie case established; accused to be put on his defence
Orders
- The accused shall offer his defence as provided by law.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAHURURU
MURDER CASE NO. 16 OF 2018
REPUBLIC.................................................................................................PROSECUTOR
VERSUS
PAUL KAMAU IRUNGU.................................................................................ACCUSED
RULING
1. The accused is charged with offence of Murder Contrary to Section 203 as read with Section 204 Penal Code. Particulars being that on night of 23rd and 24th September, 2018 at Kongoni village in Nyahururu Sub-County in Laikipia county, murdered Penina Wanja Njoki.
2. The prosecution called 5 witnesses. I have perused the evidence of PW1, 2, 3, 4 and 5. Specifically PW3 and 4 Isaac Irungu and Edward Mwangi children of deceased and accused, who were eye witnesses who claim to have witnessed the incident leading to death of the victim, their mother in the hands of the accused, their father.
3. PW5 a doctor confirmed the injuries sustained by the victim and the cause of death.
4. In view of the aforesaid observations, I find a prima facie case has been established to warrant the court to put accused on his defence.
5. Thus the accused will offer his defence accordingly as per law provided.
Dated, Signedand Deliveredat NYAHURURUthis 27th day of July, 2021.
.......................................
CHARLES KARIUKI
JUDGE