[2018] KEHC 731 (KLR)
The court found that the prosecution, through the testimony of six witnesses and documentary evidence, had established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be placed on their defence in accordance with section 306 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2018] KEHC 731 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Ntabathia Muchena; Defendant: Julius Gatumo M’Rukunga; Defendant: Joel Mpuria Laichena
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case (close of Prosecution Case)
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Ntabathia Muchena
Defendant
Julius Gatumo M’Rukunga
Defendant
Joel Mpuria Laichena
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case (close of Prosecution Case)
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 adduced links the accused persons to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses and documentary evidence, had established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be placed on their defence in accordance with section 306 of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold for a case to answer, and thus the accused were called upon to respond to the charges.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons are placed on their defence.
- Hearing set for 17th December 2018.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 56 OF 2015
REPUBLIC.................................................................PROSECUTOR
VERSUS
STEPHEN NTABATHIA MUCHENA & 3 OTHERS.....ACCUSED
RULING
The accused persons Stephen Ntabathia Muchena Julius Gatumo M’Rukunga and Joel Mpuria Laichena were jointly charged with offence of murder contrary to section 203 of the penal code.
The particulars are that the 3 accused persons on the 17th day of October 2001 at Kamburu village Kibuline sublocation of Mbeu location in Tigania west sub-county , within Meru County jointly murdered Kainga M’Aburuki Nkubiria
From evidence of the 6 witnesses called by the prosecution as well as evidence and exhibits of the Investigating Officer and Documents in Cr. C. No. 39 of 2002, this court finds that a prima facie case has been established and accused persons have a case to answer. Therefore place on defence.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 8TH DAY OF NOVEMBER 2018
IN THE PRESENCE OF:
C/A:
ACCUSED: A1 –Present in person
A2 – Present in person
Ms Nelima Advocate for accused
N/ A- Mrs Ntarangwi Advocate holding brief.
Court
S.211 C.P.C explained to accused persons and they reply
A1 – Sworn statement, no witness
A2 – No witness, sworn statement.
Order
Dhg 17. 12. 2018
HON. A.ONG’INJO
JUDGE