[2018] KEHC 7770 (KLR)
The court found that the prosecution, having called 13 witnesses, presented sufficient evidence to establish a prima facie case against the accused for the charge of murder. The evidence on record, if unchallenged, would be sufficient to support a conviction. Therefore, the accused is required to make his defence as...
Source-derived case information.
- Citation
- [2018] KEHC 7770 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Rutere Muthoni
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; called upon to make his defence
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Rutere Muthoni
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 him being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called 13 witnesses, presented sufficient evidence to establish a prima facie case against the accused for the charge of murder. The evidence on record, if unchallenged, would be sufficient to support a conviction. Therefore, the accused is required to make his defence as provided by law.
Court Disposition
accused found to have a case to answer; called upon to make his defence
Orders
- The accused is found to have a case to answer and is called upon to make his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 13 OF 2014 (MURDER)
REPUBLIC.....................................PROSECUTION
VERSUS
PETER RUTERE MUTHONI................ACCUSED
R U L I N G
This is a ruling on whether the accused person has a case to answer. He faces a charge of murder contrary to Section 203 as read with 204 of the Penal Code to which he pleaded not guilty.
The prosecution called 13 witnesses in this case. I have perused the entire evidence of the prosecution and reach a finding that it is sufficient to support the charge against the accused person. He therefore has a case to answer and is called upon to make his defence.
DELIVERED, DATED AND SIGNED AT EMBU THIS 20TH DAY OF FEBRUARY, 2018.
F. MUCHEMI
JUDGE
In the presence of:-
Mr. Njiru for accused
Ms. Mate for the State
Accused present