[2024] KEHC 5523 (KLR)
Upon consideration of the testimonies of the seven prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused, Charles Ng’Entu M’Muriki, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in...
Source-derived case information.
- Citation
- [2024] KEHC 5523 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Defendant: Charles Ng’Entu M’Muriki
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2022
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer and 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
Charles Ng’Entu M’Muriki
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold required under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
Upon consideration of the testimonies of the seven prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused, Charles Ng’Entu M’Muriki, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court emphasized that the burden of proof remains on the prosecution and that the threshold for a prima facie case is not proof beyond reasonable doubt, but rather whether there is evidence upon which a reasonable tribunal could convict if no explanation is offered by the accused. Accordingly, the accused was informed...
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused, Charles Ng’Entu M’Muriki, is found to have a case to answer and is placed on his defence.
- 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 in the presence of his advocate.
Full Case Text
Judgment text and source record
20 paragraphs
Director of Public Prosecutions v M’Muriki (Criminal Case E024 of 2022) [2024] KEHC 5523 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5523 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E024 of 2022
TW Cherere, J
April 25, 2024
Between
The Director of Public Prosecutions
Prosecutor
and
Charles Ng’Entu M’Muriki
Accused
Ruling
1. Charles Ng’entu M’Muriki (Accused) is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that he murdered one Stanley Kimami on 29h April, 2022.
2. Accused denied committing the offence of and the prosecution called a total of seven witness in support of its case.
3. 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] EA 332 at 335).
4. Having considered the testimonies of the seven prosecution witnesses, I am satisfied that a prima facie case has been established to warrant Accused to be placed on his defence.
5. 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 25TH DAY OF APRIL 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Mr. Ng’entu AdvocateFor the State - Ms. Rita Rotich (PC 1)