[2024] KEHC 4878 (KLR)
Upon consideration of the evidence tendered by the four prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused, Amendeo Kirianki Kimathi, for the offence of murder. The court applied the standard that a prima facie case exists where a reasonable tribunal,...
Source-derived case information.
- Citation
- [2024] KEHC 4878 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Defendant: Amendeo Kirianki Kimathi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2020
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer After Close of Prosecution's Case
- Outcome
- The accused is found to have a case to answer and is called upon to defend himself.
- 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
Amendeo Kirianki Kimathi
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 What constitutes a prima facie case in the context of a murder charge under Kenyan law.
Ratio Decidendi
Upon consideration of the evidence tendered by the four prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused, Amendeo Kirianki Kimathi, for the offence of murder. The court applied the standard that a prima facie case exists where a reasonable tribunal, properly directing itself to the law and evidence, could convict if no explanation is offered by the defence. The court was satisfied that the evidence was not a mere scintilla or worthless, but sufficient to require the accused to be put on his defence. Accordingly, the court ruled that the accused must be called upon to defend himself as required by Section 306(2) of the...
Court Disposition
The accused is found to have a case to answer and is called upon to defend himself.
Orders
- The accused is put on his defence as a prima facie case has been established.
- The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(j)(k) of the Constitution are explained to the accused.
Full Case Text
Judgment text and source record
22 paragraphs
Director of Public Prosecutions v Kimathi (Criminal Case 33 of 2020) [2024] KEHC 4878 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4878 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 33 of 2020
TW Cherere, J
May 9, 2024
Between
Director of Public Prosecutions
Prosecution
and
Amendeo Kirianki Kimathi
Accused
Ruling
1. Amendeo Kirianki Kimathi is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code an offence that was committed against one Samwel Gitonga on 21st December, 2018. .
2. Accused denied committing the offence and the prosecution called a total of four (4) witnesses in support of their case.
3. Section 306(1) of the Criminal Procedure Code provides as hereunder: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 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. At this stage, the court is being called upon to decide whether or not the prosecution has made out a prima facie case against the accused that would warrant this court to call upon him to give his defence.
5. 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”. To digest this further, in simple terms, it means the establishment of a rebuttal presumption that an accused person is guilty of the offence he/she is charged with. In Ramanlal Trambaklal Bhatt v. R [1957] E.A 332 at 334 and 335, the court stated as follows:“Remembering 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, the case is merely one “which on full consideration might possibly be thought sufficient to sustain a conviction.” This is perilously near suggesting that the court would not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case. Nor can we agree that the question whether there is a case to answer depends only on whether there is “some evidence, irrespective of its credibility or weight, sufficient to put the accused on his defence”. A mere scintilla of evidence can never be enough: nor can any amount of worthless discredited evidence…It is may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
6. I have considered the evidence tendered by the four (4) prosecution witnesses and I am persuaded that a primafcie case has been established that warrants this court to call upon the Accused to defend himself.
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 Ms. Thuo
DELIVERED AT MERU THIS 09TH DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor Accused - Ms. Thuo AdvocateFor DPP - Ms. Rita Rotich (PC-1)