[2024] KEHC 13546 (KLR)
The court found that the prosecution, through the testimony of eight witnesses including a victim who identified the accused, established a prima facie case of murder against the accused persons. The evidence on record was sufficient to require the accused to be put on their defense as mandated by Section 306 of the...
Source-derived case information.
- Citation
- [2024] KEHC 13546 (KLR)
- Parties
- Applicant: Republic; Defendant: James Kimani Wangare; Defendant: Ken Mungai Murugi
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused persons found to have a case to answer and put on their defense
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
James Kimani Wangare
Defendant
Ken Mungai Murugi
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 persons to warrant their being put on their defense.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses including a victim who identified the accused, established a prima facie case of murder against the accused persons. The evidence on record was sufficient to require the accused to be put on their defense as mandated by Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused persons have a case to answer and must proceed to present their defense.
Court Disposition
accused persons found to have a case to answer and put on their defense
Orders
- The accused persons are found to have a case to answer.
- The accused persons are put on their defense.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Wangare & another (Criminal Case 19 of 2023) [2024] KEHC 13546 (KLR) (Crim) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13546 (KLR)
Republic of Kenya
In the High Court at Nyandarua
Criminal
Criminal Case 19 of 2023
CM Kariuki, J
October 31, 2024
Between
Republic
Prosecution
and
James Kimani Wangare
1st Accused
Ken Mungai Murugi
2nd Accused
Ruling
1. The Accused persons have been charged with the Offence of Murder, and they denied the offense.
2. The Prosecution called eight (8) witnesses and closed their case.
3. In the course of the hearing a witness who was one of the victims stated that she identified the attackers and gave their names.
4. The court is obligated to rule whether there is a case to answer.
5. After going through the evidence on record, I find the accused have a case to answer and are put on their defense
RULING DATED, SIGNED, AND DELIVERED AT NYANDARUA THIS 31ST DAY OF OCTOBER 2024. ………………………………CHARLES KARIUKIJUDGE