[2018] KEHC 3953 (KLR)
The court found that the prosecution had led evidence showing that the deceased died following an altercation with the accused persons. Upon careful consideration of all the evidence, the court held that a prima facie case had been established against both accused persons. Consequently, the court ruled that the...
Source-derived case information.
- Citation
- [2018] KEHC 3953 (KLR)
- Parties
- Appellant: Dennis Kinyua Mathenge; Appellant: Margaret Njeri Mathenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2015
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused persons to be put on their defence.
- Judges
- NA Matheka
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Kinyua Mathenge
Appellant
Margaret Njeri Mathenge
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
- 2 Whether the evidence adduced links the accused persons to the alleged murder.
Ratio Decidendi
The court found that the prosecution had led evidence showing that the deceased died following an altercation with the accused persons. Upon careful consideration of all the evidence, the court held that a prima facie case had been established against both accused persons. Consequently, the court ruled that the accused should be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The decision was guided by the standard set out in Bhatt v R (1957) EA 332, which requires the court to determine whether there is sufficient evidence to warrant a defence at the close of the prosecution's case.
Court Disposition
Accused persons to be put on their defence.
Orders
- Each accused is put on their defence as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO.15 OF 2015
DENNIS KINYUA MATHENGE................1ST APPELLANT
MARGARET NJERI MATHENGE...........2ND APPELLANT
VERSUS
REPUBLIC........................................................RESPONDENT
R U L I N G
The two accused persons Dennis Kinyua Mathenge and Margaret Njeri Mathenge are jointly charged with Murder contrary to section 203 as read with Section 204 of the Penal code.
It is alleged that on 20th August 2015 at Gachika village within Nyeri County they jointly murdered one Joseph Kinyua Wachira.
The prosecution called 10 witnesses. At the close of the case for the prosecution the issue is whether a prima facie case has been made out to warrant the 2 accused being put on the defence. (See Bhatt v R (1957) EA 332. )
I have carefully considered all the evidence before me. The prosecution has led evidence to show that the deceased died after some kind of altercation with the accused persons.
I am of the view that the evidence before me is sufficient to warrant the accused being put each on their defence as per section 306(2) of the Criminal Procedure Code.
Dated, Delivered and signed at Nyeri in open court this 21st day of September 2018.
Mumbua T Matheka
Judge
In the presence of:
Albert CA
Accused
Ms. Jebet for state
Mr. S. K Njuguna for 1st Accused
Mr. Gathiga Mawangi for 2nd accused