[2019] KEHC 5679 (KLR)
The court found that the prosecution, having called seven witnesses and presented its case, has established a prima facie case against the accused persons. The evidence on record is sufficient to require the accused to be put on their defence as required by law. The court therefore ruled that the accused persons be...
Source-derived case information.
- Citation
- [2019] KEHC 5679 (KLR)
- Parties
- Applicant: Republic; Defendant: Stella Nzisa Maweu; Defendant: Ancent Kimanthi Maweu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 129 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused persons placed on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stella Nzisa Maweu
Defendant
Ancent Kimanthi Maweu
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and presented its case, has established a prima facie case against the accused persons. The evidence on record is sufficient to require the accused to be put on their defence as required by law. The court therefore ruled that the accused persons be placed on their defence to answer to the charge of murder.
Court Disposition
Accused persons placed on their defence.
Orders
- The accused persons are placed on their defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
CRIMINAL CASE NO. 129 OF 2017
REPUBLIC................................................................PROSECUTION
-VERSUS-
STELLA NZISA MAWEU..........................................1ST ACCUSED
ANCENT KIMANTHI MAWEU...............................2ND ACCUSED
RULING
1. The accused persons have been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63 of the Laws of Kenya.
2. The particulars are that on the night of 26th January 2016 at Senda village, Muvau Location, Muvau sub-location within Makueni County, the accused persons murdered Francis Maweu Kiluva.
3. The accused persons pleaded not guilty and the prosecution called seven (7) witnesses in support of its case. I have carefully looked at the evidence on record and I am satisfied that the prosecution has established a prima facie case. Accordingly, the accused persons are placed on their defence.
DATED, SINGED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.
.....................
C. KARIUKI
JUDGE