[2019] KEHC 1760 (KLR)
The court found that the prosecution's evidence, particularly the testimony of PW3, placed the accused at the scene of the crime at the relevant time and included incriminating utterances. This evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a...
Source-derived case information.
- Citation
- [2019] KEHC 1760 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kithure Muriungi Alias Tom Kyalo Managa
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- 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
Applicant
Peter Kithure Muriungi Alias Tom Kyalo Managa
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.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimony of PW3, placed the accused at the scene of the crime at the relevant time and included incriminating utterances. This evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the law.
Court Disposition
accused found to have a case to answer and put on his defence
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 14 OF 2014
REPUBLIC....................................................................................PROSECUTION
VERSUS
PETER KITHURE MURIUNGIAliasTOM KYALO MANAGA.....ACCUSED
RULING
1. The accused was charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap. 63), Laws of Kenya.
2. The particulars being that on the 6th day of August 2011, at about 19:15 hrs at Gatoroni Sub-Location in Kathungu Location of Mumoni Sub-County within Kitui County murdered Nyaga Kimu.
3. He pleaded not guilty and matter went into trial. The prosecution called 6 witnesses and closed its case.
4. The court was called upon to determine whether the accused person is to be put on his defence, thus determine whether prosecution evidence has established a prima facie case.
5. I have perused the evidence on record and especially PW3’s testimony which puts the accused at the scene of the crime at the moment and time of the killing and the utterances he made thereof.
6. The court finds that the accused has a case to answer and is put on his defence.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF NOVEMBER, 2019.
.....................
C. KARIUKI
JUDGE