[2019] KEHC 9616 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Paul Kinoti Maore, for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to justify a conviction. Consequently, the accused was called upon to enter his...
Source-derived case information.
- Citation
- [2019] KEHC 9616 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Kinoti Maore
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on 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 Kinoti Maore
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 answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Paul Kinoti Maore, for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to justify a conviction. Consequently, the accused was called upon to enter his defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused's rights under this section and scheduled the defence hearing.
Court Disposition
Accused found to have a case to answer and placed on defence.
Orders
- Accused to be placed on defence and to give sworn statement.
- Defence hearing scheduled for 14.5.2019.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.41 OF 2017
REPUBLIC...............PROSECUTION
VS
PAUL KINOTI MAORE...ACCUSED
RULING
The accused Paul Kinoti Maore is charged with the offence of Murder Contrary to Section 203 as read with section 204 of the penal code.
Particulars are that accused between 27th and 28th day of April 2017 at Mutuati market Kabachi Location in Igembe North Sub-County within Meru County Murdered M’Amaiya Mwambia.
From evidence on record for the prosecution this court finds that a prima facie case has been made out by the prosecution. Accused has a case to answer and is place on defence.
HON. A.ONG’INJO
JUDGE
14. 2.2019
Before Adwera Ong’injo J
Kinot: CA
Ms Mbithe for state
N/A for accused
M/S Gitonga Advocate holding brief for Thangicia for accused.
Order : Ruling 19. 2.2019. Production Order to issue.
HON. A.ONG’INJO
JUDGE
19. 2.2019
Before Adwera –Ong’injo J
Kinoti –CA
Mr Omari Advocate holding brief for Mr Thangicia Advocate for accused.
Mr Namiti for state
Accused – Present in person.
Court
Ruling Delivered dated and signed in court. Section 211 CPC explained and accused replies.
HON. A.ONG’INJO
JUDGE
Accused: Sworn statement. One witness.
Order: Defence Hearing 14. 5.2019
HON. A.ONG’INJO
JUDGE