[2019] KEHC 7137 (KLR)
The court found that the prosecution, through the evidence of six witnesses and particularly the testimonies of PW2, PW3, and PW4, had established a prima facie case against the accused, Wilson Muriithi. The evidence presented was sufficient to link the accused to the offence of murder as charged under section 203...
Source-derived case information.
- Citation
- [2019] KEHC 7137 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Muriithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused placed on his defence; matter set for defence hearing.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilson Muriithi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the evidence of six witnesses and particularly the testimonies of PW2, PW3, and PW4, had established a prima facie case against the accused, Wilson Muriithi. The evidence presented was sufficient to link the accused to the offence of murder as charged under section 203 as read with section 204 of the Penal Code. Consequently, the accused was required to be placed on his defence in accordance with the law. The court explained the accused's rights under section 211 of the Criminal Procedure Code and set the matter for defence hearing.
Court Disposition
Accused placed on his defence; matter set for defence hearing.
Orders
- Accused to give sworn statement in defence.
- Defence hearing scheduled for 6th June 2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 46 OF 2014
REPUBLIC.............................PROSECUTOR
V E R S U S
WILSON MURIITHI....................ACCUSED
RULING
The accused Wilson Muriithi was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused Wilson Muriithi on 5th Day of February 2014 at Nkabune Location Imenti North Sub-county in Meru County murdered Henry Murerwa.
The prosecution adduced the evidence of 6 witness and this court is persuaded by particularly the evidence of PW2, PW3 and PW4 that it is the accused who was culpable in this matter. The prosecution has established a prima facie case and accused has a case answer. He is placed on defense.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 23rd DAY OF MAY 2019.
In the presence of :
C/A: Japhet
State:- Ms Mbithi
Mr Wamache advocate holding for Ngugi for accused.
Accused: Present in person
Section 211 CPC explained to accused person
Accused:
I will give sworn statement.
I don’t have witnesses
Order: Defence hearing 6. 6.2019
HON A. ONG’INJO
JUDGE