[2024] KEHC 4880 (KLR)
The court found that the prosecution, having called four witnesses, established a prima facie case against the accused, Douglas Karani Cyprian, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence, as it could sustain a conviction if unchallenged. The...
Source-derived case information.
- Citation
- [2024] KEHC 4880 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Defendant: Douglas Karani Cyprian
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2016
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be placed on his defence.
- Judges
- TW Cherere
- 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
Director of Public Prosecutions
Applicant
Douglas Karani Cyprian
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called four witnesses, established a prima facie case against the accused, Douglas Karani Cyprian, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence, as it could sustain a conviction if unchallenged. The court relied on Section 306(1) of the Criminal Procedure Code, which mandates that if there is evidence upon which a reasonable court could convict, the accused must be called upon to defend himself. The accused's constitutional rights were explained as required by law.
Court Disposition
Accused to be placed on his defence.
Orders
- The accused is placed on his defence to answer the charge of murder.
- Provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(j)(k) of the Constitution explained to the accused in the presence of his advocate.
Full Case Text
Judgment text and source record
22 paragraphs
Director of Public Prosecutions v Cyprian (Criminal Case 18 of 2016) [2024] KEHC 4880 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4880 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 18 of 2016
TW Cherere, J
May 9, 2024
Between
Director of Public Prosecutions
Prosecutor
and
Douglas Karani Cyprian
Accused
Ruling
1. Douglas Karani Cyprian (Accused) was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that he murdered one Janairo Gitonga M’Anini on the night of 24th January, 2016 at Nkungugu trading Centre in South Imenti Sub County in Meru County.
2. Accused person denied committing the offence and the prosecution called a total of four (4) witnesses in support of their case.
3. Under Section 306 (1) of the Criminal Procedure Code:“When the evidence of the witnesses for the Prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of the several or any one of the several accused committed the offence shall, after hearing, if necessary any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.”
4. The matter comes up for determination on whether a prima facie case to warrant the accused person to be placed on his defence to answer to the charge of Murder
5. A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent.
6. Having considered the testimonies of the four prosecution witnesses, I am satisfied that a prima facie case has been established to warrant Accused to be placed on his defence.
7. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(j)(k) of the Constitution are hereby explained to the accused person in the presence of his advocate Mr. Ng’entu
DELIVERED AT MERU THIS 09TH DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Mr. Ng’entu AdvocateFor DPP - Ms. Rita Rotich (PC 1)