Please Wait. Searching ...
|Case Number:||Criminal Case 7 of 2014|
|Parties:||Jackson Ngara Nderitu v Republic|
|Date Delivered:||06 Dec 2018|
|Court:||High Court at Nyeri|
|Judge(s):||Teresia Mumbua Matheka|
|Citation:||Jackson Ngara Nderitu v Republic  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO.7 OF 2014
JACKSON NGARA NDERITU....................ACCUSED
The accused person Jackson Ngara Ndeiritu through the information dated 12th March 2014 was charged with Murder contrary to section 203 as read with section 2014 of the Penal Code. It is alleged that on 1st March 2014 at Gakanja village, Endarasha Location, Nyeri County he murdered Philip Irungu Muturi.
The prosecution called 6 witnesses.
At the close of the case for prosecution the court is to determine whether a prima facie case has been established to warrant accused being put on the defence.
In Republic -Vs- Wachira (1975) EA 262 the court cautioned that an accused person should only be acquitted at this stage only if:-
“There is no evidence of a material ingredient or if the prosecution has been so discredited and the evidence of their witnesses so incredible and untrustworthy that no reasonable tribunal properly directing itself could safely convict”
Having considered all the evidence on record and submissions or by defence and prosecution, I am of the opinion that a prima facie case has been made out to warrant the accused being put on the defence in compliance with section 306(2) of the CPC.
Dated, delivered and signed in open court this 6th Day of December 2018.
Mumbua T. Matheka
In the presence of: