[2020] KEHC 4831 (KLR)
The court found that the prosecution, through the testimony of seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused, Pius Kimani M’Mwenda, for the offence of murder. Consequently, the accused was found to have a case to answer and was placed on his defence in...
Source-derived case information.
- Citation
- [2020] KEHC 4831 (KLR)
- Parties
- Applicant: Republic; Defendant: Pius Kimani M’Mwenda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- 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
Pius Kimani M’Mwenda
Defendant
Procedural Posture
Criminal Trial / 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, through the testimony of seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused, Pius Kimani M’Mwenda, for the offence of murder. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the law. The ruling was based on the standard that, at the close of the prosecution's case, if a prima facie case is established, the accused must be called upon to make his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 17th March 2020.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASENO. 121 OF 2018
REPUBLIC..................................................................................................DPP
VERSUS
PIUS KIMANI M’MWENDA.......................................................ACCUSED
RULING
The subject herein Pius Kimani M’Mwenda is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code.
Particulars are that Pius Kiman M’Mwenda on the 23rd day of November 2018 in Maibuki village, Amwathi II Sub-location , Kabachi location in Igembe North Sub-county within Meru County murdered Musmus Kobia.
The evidence adduced by the 7 prosecution witnesses has established a prima facie case sufficient to place the subject herein on his defence. He has a case to answer.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 27TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused:- Present in person
State: Ms Mbithe for state.
Muriera Advocate for subject
HON A. ONG’INJO
JUDGE
Mr Muriera Advocate
He will give sworn evidence.
Order:
Defence hearing 17. 3.2020
HON A. ONG’INJO
JUDGE