[2018] KEHC 2853 (KLR)
The court found that the prosecution had presented sufficient evidence through witness testimony and exhibits to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was called upon to make his defence as required by law.
Source-derived case information.
- Citation
- [2018] KEHC 2853 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Karanja
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 39 of 2010
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and called upon to make his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Peter Karanja
Applicant
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 presented links the accused to the alleged murders.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence through witness testimony and exhibits to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was called upon to make his defence as required by law.
Court Disposition
Accused found to have a case to answer and called upon to make his defence.
Orders
- The accused is found to have a case to answer.
- The accused is hereby called upon to make his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 39 OF 2010 (MURDER)
REPUBLIC............................................PROSECUTION
VERSUS
PETER KARANJA.................ACCUSED/APPLICANT
R U L I N G
1. The accused faces ten (10) counts of murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on the 6th November 2010 the accused murdered the deceased persons in the ten (10) counts outside Sherek Bar in Siakago town of Embu County. The accused pleaded not guilty.
2. The prosecution lined up 27 witnesses and produced several exhibits including documents and suspected murder weapon, spent cartridges among others.
3. I have carefully perused the evidence and I am of the considered opinion that a prima facie case has been made against the accused.
4. I find that he has a case to answer and is hereby called upon to make his defence.
DATED, DELIVERED AND SIGNED AT EMBU THIS 31ST DAY OF OCTOBER, 2018.
F. MUCHEMI
JUDGE