Republic v Titus Ngamau Musila Katitu [2017] KEHC 9498 (KLR)
- Court
- High Court of Kenya
- Case number
- 9498
- Citation
- [2017] KEHC 9498 (KLR)
- Decided
- 4 October 2017
The court finds and holds that a prima facie case has been made by the prosecution against the accused person to enable the court to put him on his defence.
Facts
The accused, Titus Ngamau Musila Katitu, was charged with murder. The prosecution presented evidence that he committed the crime on March 14, 2013, at Githurai 45 bus stage in Nairobi. The victim was Kenneth Kinani Mwangi. The accused was a police officer in an area where he was popular, and his arrest led to demonstrations and road closures. He was released on bail with a surety.
Issues
- Whether a prima facie case has been made out to enable the court to put the accused on his defence.
- Whether the accused's rights under Section 306 of the Criminal Procedure Code have been advised.
Reasoning
The court based its decision on the evidence presented and the accused's popularity in the area, leading to demonstrations and road closures upon his arrest.
Outcome
The accused is advised of his rights under Section 306 of the Criminal Procedure Code and is allowed to defend himself.
Orders
- To put the accused on his defence based on the prima facie case made by the prosecution.
Authorities cited
Legislation (3)
- Section 203 of the Penal Code
- Section 204 of the Penal Code
- Section 306 of the Criminal Procedure Code
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