[2017] KEHC 421 (KLR)
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court therefore directed that the accused should give...
Source-derived case information.
- Citation
- [2017] KEHC 421 (KLR)
- Parties
- Respondent: Republic; Defendant: Stephen Kitonga Mulwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused found to have a case to answer; ordered to give defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Stephen Kitonga Mulwa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court therefore directed that the accused should give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 85 OF 2013
REPUBLIC .................................................................................................................STATE
VERSUS
STEPHEN KITONGA MULWA ......................................................................ACCUSED
RULING
The accused STEPHEN KITONGA MULWA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of nine (9) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case had been established. I direct that the accused shall give his defence to this charge.
Dated and Delivered in Nakuru this 31st day of March, 2017.
Mr. Gai for accused
Mr. Motende for State
Court – Hearing on 5/5/for defence hearing.
Maureen A. Odero
Judge