[2017] KEHC 178 (KLR)

[2017] KEHC 178 (KLR)

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that both accused persons be put on their defence in accordance with the law.

Source-derived case information.

Citation
[2017] KEHC 178 (KLR)
Parties
Respondent: Republic; Defendant: Peter Waweru Kinuthia; Defendant: Joseph Mwangi Mbuthi
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 11 of 2013
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Accused persons to be put on their defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Peter Waweru Kinuthia

Defendant

Joseph Mwangi Mbuthi

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.

Ratio Decidendi

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that both accused persons be put on their defence in accordance with the law.

Court Disposition

Accused persons to be put on their defence.

Orders

  • Both accused persons shall give their defence to the charge of murder.