[2018] KEHC 3286 (KLR)
The court found that the prosecution, having called twelve witnesses and presented its evidence, has established a prima facie case against the accused person for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence. Accordingly, the accused is found to have a...
Source-derived case information.
- Citation
- [2018] KEHC 3286 (KLR)
- Parties
- Applicant: Republic; Defendant: William Musau Mutuku
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and called upon to make his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
William Musau Mutuku
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 person for the offence of murder.
Ratio Decidendi
The court found that the prosecution, having called twelve witnesses and presented its evidence, has established a prima facie case against the accused person for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence. Accordingly, the accused is found to have a case to answer and is called upon to make his defence as required by law.
Court Disposition
Accused found to have a case to answer and called upon to make his defence.
Orders
- The accused person is found to have a case to answer.
- The accused is called upon to make his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 19 OF 2013
REPUBLIC............................................PROSECUTION
VERSUS
WILLIAM MUSAU MUTUKU....................ACCUSED
R U L I N G
1. The accused person is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. A plea of not guilty was entered.
2. The prosecution called twelve (12) witnesses in this case. I have carefully perused the evidence on record and it is my considered opinion that the prosecution has made up a prima facie case against the accused person.
3. I find that the accused person has a case to answer and is hereby called upon to make his defence.
DATED, DELIVERED AND SIGNED AT EMBU THIS 17TH DAY OF OCTOBER, 2018.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Mati for State
Accused person