Republic v Charles Mutwiri Kiburi

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 ofience 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 ofience 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 26TH DAY OF JANUARY 2023 https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/362/eng@2023-01-26 1

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