[2011] KEHC 4228 (KLR)
The court, after reviewing the prosecution's evidence, particularly the testimony of PW2 Felista Nyaga, found that a prima facie case had been established against the accused persons. Consequently, the court held that there was sufficient evidence to warrant the accused being placed on their defence as required by...
Source-derived case information.
- Citation
- [2011] KEHC 4228 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Njagi Ireri; Defendant: Mary Wanja Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 21 of 2009
- Procedural Posture
- Murder Case / Ruling on Case to Answer
- Outcome
- Accused persons placed on their defence.
- Judges
- J Karanja, GG Okwengu
- Legal Topics
- Murder Trial, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Njagi Ireri
Defendant
Mary Wanja Njiru
Defendant
Procedural Posture
Murder Case / Ruling on Case to Answer
Legal Issues
- 1 Whether there is sufficient evidence to require the accused persons to be put on their defence.
Ratio Decidendi
The court, after reviewing the prosecution's evidence, particularly the testimony of PW2 Felista Nyaga, found that a prima facie case had been established against the accused persons. Consequently, the court held that there was sufficient evidence to warrant the accused being placed on their defence as required by Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons placed on their defence.
Orders
- The accused persons are placed on their defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MURDER CASE NO. 21 OF 2009
REPUBLIC...............................................................................................................PROSECUTION
VERSUS
STEPHEN NJAGI IRERI.............................................................................................1ST ACCUSED
MARY WANJA NJIRU..............................................................................................2ND ACCUSED
R U L I N G
I have carefully perused the evidence on record and particularly that adduced by PW2 one Felista Nyaga. I am satisfied that there is sufficient evidence to warrant the accused persons being placed on to their defence. They are accordingly placed onto their defence pursuant to Section 306(2) of the Criminal Procedure Code.
W. KARANJA
JUDGE
Signed this 17th day January 2011
Delivered and dated at Embu this 25th day of January 2011
H. OKWENGU
JUDGE