[2013] KEHC 2853 (KLR)

[2013] KEHC 2853 (KLR)

The court found that the only evidence implicating the 2nd accused was the testimony of PW11, whose identification of the 2nd accused was unclear and unsupported by evidence that PW11 knew him prior to the incident. The court held that if the 2nd accused elected to remain silent, there would be insufficient evidence...

Source-derived case information.

Citation
[2013] KEHC 2853 (KLR)
Parties
Applicant: Republic; Defendant: Veronica Wanjue Njue; Defendant: Stephen Njeru Jeritha
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Criminal Case 4 of 2010
Procedural Posture
Criminal Case / Ruling on No Case to Answer / Close of Prosecution Case
Outcome
2nd accused acquitted at close of prosecution case; 1st accused to be put on her defence.
Legal Topics
Murder, Circumstantial Evidence, Identification Evidence, Prima Facie Case
Source Language
en
Criminal Law Murder Circumstantial Evidence Identification Evidence Prima Facie Case

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Veronica Wanjue Njue

Defendant

Stephen Njeru Jeritha

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer / Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against each accused to require them to be put on their defence.
  2. 2 Whether the evidence against the 2nd accused is sufficient to warrant his being placed on his defence.
  3. 3 Whether circumstantial evidence and identification evidence are adequate to sustain a charge of murder against the accused persons.

Ratio Decidendi

The court found that the only evidence implicating the 2nd accused was the testimony of PW11, whose identification of the 2nd accused was unclear and unsupported by evidence that PW11 knew him prior to the incident. The court held that if the 2nd accused elected to remain silent, there would be insufficient evidence to convict him. Consequently, the 2nd accused was acquitted under section 306(1) of the Criminal Procedure Code. In contrast, the court found that a prima facie case had been established against the 1st accused, warranting her being placed on her defence under section 306(2) of the Criminal Procedure Code.

Court Disposition

2nd accused acquitted at close of prosecution case; 1st accused to be put on her defence.

Orders

  • The 2nd accused, Stephen Njeru Jeritha, is acquitted under section 306(1) of the Criminal Procedure Code.
  • The 1st accused, Veronica Wanjue Njue, is placed on her defence under section 306(2) of the Criminal Procedure Code.