[2017] KEHC 8157 (KLR)
The court found that, after considering the evidence of 13 prosecution witnesses and the written submissions of the prosecution, the prosecution had established a prima facie case against each accused person. The court was satisfied that the evidence on record was sufficient to require the accused to be put on their...
Source-derived case information.
- Citation
- [2017] KEHC 8157 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Waithaka Nduati; Defendant: Francis Maina Wanyumba; Defendant: Isaac Wakugo Moroti
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 68 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Each accused is found to have a case to answer and is called upon to make his defence.
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Waithaka Nduati
Defendant
Francis Maina Wanyumba
Defendant
Isaac Wakugo Moroti
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to make their defence.
Ratio Decidendi
The court found that, after considering the evidence of 13 prosecution witnesses and the written submissions of the prosecution, the prosecution had established a prima facie case against each accused person. The court was satisfied that the evidence on record was sufficient to require the accused to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The absence of defence submissions did not affect the court's determination at this stage. Consequently, each accused was called upon to make his defence.
Court Disposition
Each accused is found to have a case to answer and is called upon to make his defence.
Orders
- Each accused shall make his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 68 OF 2012
REPUBLIC………………………..............….…………....PROSECUTOR
VERSUS SAMUELWAITHAKA NDUATI…...…………….1ST ACCUSED
FRANCIS MAINA WANYUMBA ………...............………..2ND ACCUSED
ISAAC WAKUGO MOROTI... …………...............………..3RD ACCUSED
RULING
1. Samuel Waithaka Nduati, Francis Maina Wanyumba and Isaac Wakugo Moroti (1st, 2nd and 3rd accused respectively) are facing trial for the murder of one Peter Gatura Kang’ethe. The particulars of the charge are that on 31st July 2012 at Gatundu township within Kiambu County murdered Peter Gatura Kang’ethe.
2. The prosecution presented 13 witnesses whose testimony is now on record. At the close of the prosecution case, the court directed both the prosecution and defence counsel to file submissions by 24th November 2016. Time was extended for the defence to 26th January 2017. By that date however, the defence had not filed any submissions.
3. I have carefully considered the evidence now on record and the written submissions of the prosecution filed on 24th November 2016. I find from the totality of the evidence that the prosecution has established a prima facie case against each accused person. Each shall make his defence in accordance with Section 316 of the Criminal Procedure Code.
Orders accordingly.
Ruling, dated and delivered at Nairobi this 30th day of January, 2017
R. LAGAT-KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
1st, 2nd, 3rd accused present
…………………………….: For 1st Accused
…………………………….: For 2nd Accused
…………………………….: For 3rd Accused
…………………………….: For the State