Republic v James Mutinda Ndavi & 2 others [2021] KEHC 9344 (KLR)
- Court
- High Court of Kenya
- Case number
- 9344
- Citation
- [2021] KEHC 9344 (KLR)
- Decided
- 3 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murderCoramD. K. Kemei
Holding
The court finds that there is some evidence adduced against the accused persons to establish a prima facie case against them and hence each accused has a case to answer.
Facts
The accused persons are charged with the murder of Felix Kituku Musyoka on June 9, 2017. The prosecution presented nine witnesses, including a minor who testified that he saw the accused persons pick up the deceased from his house.
Issues
- Whether the prosecution has established a prima facie case for murder
- Whether the accused persons have a case to answer
Reasoning
The prosecution presented evidence of the deceased's death, the accused's presence at the scene, and the accused's participation in the incident. The court found that the evidence, while not conclusive, is sufficient to warrant the accused persons to give their defense.
Outcome
The accused persons are found to have a case to answer.
Orders
- The accused persons are called upon to elect to give their defense in line with the provisions of section 306(2) of the Criminal Procedure Code.
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
Cases cited (2)
- Ramanlal .T. Bhatt v R
- Jagjiwan M. Patel and Others (1) T.L.R.(R) 85
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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