Criminal Case 106 of 2018

Case Metadata
Case Number:	Criminal Case 106 of 2018
Parties:	Republic v Kiburi
Date Delivered:	26 Jan 2023
Case Class:
Court:	High Court at Meru
Case Action:	Ruling
Judge(s):	Thripsisa Wanjiku Cherere
Citation:	Republic v Kiburi (Criminal Case 106 of 2018) [2023] KEHC 362 (KLR) (26 January 2023) (Ruling)
Court Division:	Criminal
County:	Meru
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

Case Metadata

Case Number:

Parties:

Republic v Kiburi

Date Delivered:

26 Jan 2023

Case Class:

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Republic v Kiburi (Criminal Case 106 of 2018) [2023] KEHC 362 (KLR) (26 January 2023) (Ruling)

Court Division:

Criminal

County:

Meru

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 v Kiburi (Criminal Case 106 of 2018) [2023] KEHC 362 (KLR) (26 January 2023) (Ruling)

Neutral citation: [2023] KEHC 362 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case 106 of 2018

TW Cherere, J

January 26, 2023

Between

Republic

Prosecutor

and

Charles Mutwiri Kiburi

Accused

Ruling

1.Charles Mutwiri Kiburi (accused) is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.The particulars of the charge are that on October 27, 2018 at Kiarau village Amugaa sub-location in Tigania central sub-county within Meru county murdered Jeremiah Kirimi M’Mbirithi

2.Accused denied committing the offence and the prosecution called a total of five (5) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused.

3.In Republic v Abdi Ibrahim Owl [2013] eKLR a prima facie case was defined as follows: -“Prima facie” is a Latin word defined by Black’s Law Dictionary, 8th Edition as “Sufficient to establish a fact or raise a presumption unless disproved or rebutted”. “Prima facie case” is defined by the same dictionary as “The establishment of a legally required rebuttable presumption”.

4.Having considered the evidence tendered by the prosecution, I am persuaded that a prima facie case has been established that warrants this court to call upon the accused persons to defend themselves

5.Accordingly, accused shall proceed as provided under section 306 (2) of the Criminal Procedure Code.

DELIVERED AT MERU THIS 26^TH DAY OF JANUARY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiAccused - PresentFor the Accused - Mr. Otieno AdvocateFor the State - Ms. Mwaniki (PPC)

Case Content:		Subject:
Case Number:		Parties:
Judge:		Court:
	Delivery Date Range:
From:		To:

Case Search

Criminal Case 106 of 2018

Case Metadata

Please enter advanced search options