[2019] KEHC 613 (KLR)
The court found that, upon careful evaluation of the evidence presented by the prosecution, a prima facie case had been established against the accused. The evidence adduced by the eight prosecution witnesses was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused...
Source-derived case information.
- Citation
- [2019] KEHC 613 (KLR)
- Parties
- Applicant: Republic; Defendant: Thomas Muli Kioko
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 08 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- Legal Topics
- Murder, 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
Thomas Muli Kioko
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused to be put on his defence.
- 2 Whether there is sufficient evidence linking the accused to the murder of the deceased.
Ratio Decidendi
The court found that, upon careful evaluation of the evidence presented by the prosecution, a prima facie case had been established against the accused. The evidence adduced by the eight prosecution witnesses was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused must answer to the charge of murder as provided under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 08 OF 2017
FORMERLY MACHAKOS HCRC. 19 OF 2015
REPUBLIC..................................................................................PROSECUTION
-VERSUS-
THOMAS MULI KIOKO....................................................................ACCUSED
RULING
1. Thomas Muli Kioko the accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The deceased Judith Nthenya Muthama was the accused’s wife.
2. The prosecution presented eight (8) witnesses who have stated what they each saw, heard and did. The prosecution relied on this evidence without filing any submissions.
3. Mr. Kimeu for the accused filled submissions together with authorities. His main submission is that there is nothing linking the accused to the murder of the deceased.
4. I have carefully evaluated the evidence and I find that the prosecution has made out a case requiring the accused to make a defence.
5. I accordingly place him on defence under section 306(2) Criminal Procedure code.
Orders accordingly.
Delivered, signed & dated this 17th day of December 2019, in open court at Makueni.
.....................
H. I. Ong’udi
Judge