[2024] KEHC 5525 (KLR)
Upon consideration of the testimonies of the five prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be placed on his defence to answer to the charge of murder. The court relied on the...
Source-derived case information.
- Citation
- [2024] KEHC 5525 (KLR)
- Parties
- Applicant: Director Of Public Prosecutions; Defendant: Dennis Mugendi Gikundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2023
- 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, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director Of Public Prosecutions
Applicant
Dennis Mugendi Gikundi
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 being placed on his defence for the charge of murder.
Ratio Decidendi
Upon consideration of the testimonies of the five prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be placed on his defence to answer to the charge of murder. The court relied on the legal standard that the prosecution must prove its case beyond reasonable doubt and that a prima facie case is established when the evidence, if uncontradicted, would warrant a conviction. Accordingly, the accused was called upon to enter his defence as provided by law.
Court Disposition
Accused to be placed on his defence.
Orders
- The accused is placed on his defence to answer to 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
21 paragraphs
Director of Public Prosecutions v Gikundi (Criminal Case E027 of 2023) [2024] KEHC 5525 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5525 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E027 of 2023
TW Cherere, J
April 25, 2024
Between
Director Of Public Prosecutions
Prosecutor
and
Dennis Mugendi Gikundi
Accused
Ruling
1. Dennis Mugendi Gikundi (Accused) is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that together with others not before the court murdered one Samuel Kaberia Daudi on 01st February, 2023.
2. Accused denied committing the offence of and the prosecution managed to call five witness.
3. This court is therefore called upon to determine whether, whether a primafacie case has been established to warrant the accused person to be placed on her defence to answer to the charge of Murder.
4. It should be remembered that the legal onus is always on the Prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution’s case, the case is merely one in which on full consideration might possible be thought sufficient to sustain a conviction. (See In Ramanlal Trambaklal Bhatt v R [1957] E.A 332 at 335).
5. Having considered the testimonies of the five prosecution witnesses, I am satisfied that a prima facie case has been established to warrant Accused to be placed on his defence.
6. 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 Ms. Gachohi
DELIVERED AT MERU THIS 25TH DAY OF APRIL 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Ms. Gachohi AdvocateFor the State - Ms. Rita Rotich (PC 1)