[2018] KEHC 3679 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence establishing cause of death as severe head injury due to blunt force trauma, directly implicated the accused in the death of the deceased. The deceased made dying declarations to witnesses identifying the accused as...
Source-derived case information.
- Citation
- [2018] KEHC 3679 (KLR)
- Parties
- Respondent: Republic; Defendant: Titus Kathurima
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 105 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and placed on 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
Respondent
Titus Kathurima
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence establishing cause of death as severe head injury due to blunt force trauma, directly implicated the accused in the death of the deceased. The deceased made dying declarations to witnesses identifying the accused as his assailant. The court held that a prima facie case had been established against the accused, warranting that he be put on his defence as required by law. The accused was accordingly found to have a case to answer and was placed on his defence.
Court Disposition
accused found to have a case to answer and placed on defence
Orders
- Accused to give sworn statement on defence hearing date.
- Defence hearing set for 4th October 2018.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 105 OF 2013
REPUBLIC........................................................PROSECUTION
VERSUS
TITUS KATHURIMA................................................ACCUSED
RULING
The accused Titus Kathurima was charged with the offence of Murder contrary to Section 203 as read with section 204 of the Penal code. Particulars are that Titus Kathurima on the 9th day of December 2013 at Kironya village Naari Location Buuri District within Meru County murdered Martin Murithi.
The deceased told PW1 Joseph Muthomi that accused had assaulted and injured him. PW2 Alex Murithi was at accused persons place when the deceased went to inquire about his fertilizer from the accused and a fight ensued, PW2 was unable to separate them and he left them fighting.
PW4 Douglas Kaimenyi went to borrow cigarette from the deceased on 1. 12. 2013 and found him injured. Deceased told him it was accused who had assaulted and injured him with an unknown weapon. PW4 organised to take the deceased to hospital after 2 days and he was admitted but he died on 9th December 2013.
Dr Njeru did post mortem on the body of the deceased and established cause of death as severe head injury due to blunt force trauma. The evidence of the 6 witnesses for the prosecution point directly at the accused as the one who perpetrated the death of the deceased herein. A prima facie case has been established. Accused has a case to answer and he is placed on defence.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 2ND DAY OF AUGUST 2018.
IN THE PRESENCE OF:
C/A:-Penina
Mrs Ntarangwi Advocate for Accused
Mrs Mwathi for state.
Court:
S.211 CPC complied with.
Mrs Ntarangwi:
Accused will give sworn statement. He doesn’t have witnesses.
Order
DHg – 4. 10. 2018
HON. A.ONG’INJO
JUDGE