[2014] KEHC 107 (KLR)
The court found that the prosecution, through the testimony of five witnesses, established that the accused was the last person seen with the deceased, who died of stab wounds in their shared home. This evidence was sufficient to establish a prima facie case against the accused, thereby requiring her to be placed on...
Source-derived case information.
- Citation
- [2014] KEHC 107 (KLR)
- Parties
- Applicant: Republic; Respondent: Peninah Nguhi Kiniaru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; ordered to be placed on her defence
- Judges
- A Mshila
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peninah Nguhi Kiniaru
Respondent
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 her being placed on her defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of five witnesses, established that the accused was the last person seen with the deceased, who died of stab wounds in their shared home. This evidence was sufficient to establish a prima facie case against the accused, thereby requiring her to be placed on her defence in accordance with the law.
Court Disposition
accused found to have a case to answer; ordered to be placed on her defence
Orders
- The accused is found to have a case to answer and is hereby placed on her defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO.51 OF 2012
REPUBLIC....................................................................................PROSECUTOR
VERSUS
PENINAH NGUHI KINIARU.........................................................RESPONDENT
RULING
Peninah Nguhi Kiniaru, the Accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The Accused and Deceased lived together as husband and wife and the evidence on record shows that the Accused was the last person seen with the Deceased. The Deceased was found lying in a corridor in the house they occupied and died of stab wounds.
From the evidence adduced by the five (5) prosecution witnesses, this court finds that the prosecution has established a prima facie case that warrants placing the Accused on her defence.
This court finds that the Accused has a case to answer.
It is so ordered.
Dated, Signed and Delivered at Nakuru this 27th day of October, 2014.
A. MSHILA
JUDGE