[2019] KEHC 5464 (KLR)

The court found that the prosecution, having called five witnesses, established a prima facie case against Robert Gitonga and Jane Karambo for the murder of Raki Muriithi. The evidence presented was deemed sufficient to require the accused persons to be placed on their defence in accordance with the law. The court therefore ruled that both accused have a case to answer and should proceed to present their defence.

Citation: [2019] KEHC 5464 (KLR)
Parties: Applicant: Republic; Defendant: Robert Gitonga; Defendant: Jane Karambo
Court: High Court
Court Station: High Court at Meru
Jurisdiction: Kenya
Judgment Date: 25 July 2019
Case Number: Criminal Case 68 of 2014
Procedural Posture: Criminal Case / Ruling on Case to Answer
Outcome: Accused persons found to have a case to answer and ordered to be placed on their defence.
Legal Topics: Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language: English

Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Robert Gitonga

Defendant

Jane Karambo

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 persons to warrant their being placed on their defence.
2 Whether the evidence tendered by the prosecution is sufficient to require the accused to answer to the charge of murder.

Ratio Decidendi

Court Disposition

Accused persons found to have a case to answer and ordered to be placed on their defence.

Orders

Both accused persons to be placed on their defence.
Defence hearing scheduled for 30th September 2019.