[2019] KEHC 1423 (KLR)
The court found that the evidence adduced by the prosecution, including the testimony of four witnesses, established a prima facie case against the accused. The evidence was sufficient to warrant the accused being put on his defence as required under Section 306 of the Criminal Procedure Code. The court was not...
Source-derived case information.
- Citation
- [2019] KEHC 1423 (KLR)
- Parties
- Defendant: Meshack Karanja Muchiri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2015
- Procedural Posture
- Criminal Murder / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- LW Gitari
- 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
Meshack Karanja Muchiri
Defendant
Republic
Respondent
Procedural Posture
Criminal Murder / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced meets the threshold required at the close of the prosecution case in a murder trial.
Ratio Decidendi
The court found that the evidence adduced by the prosecution, including the testimony of four witnesses, established a prima facie case against the accused. The evidence was sufficient to warrant the accused being put on his defence as required under Section 306 of the Criminal Procedure Code. The court was not required at this stage to determine guilt beyond reasonable doubt but only whether there was a case to answer. The accused was therefore called upon to enter his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused shall be put on his defence as provided under Section 306 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 KERUGOYA
CRIMINAL MURDER NO. 1 OF 2015
MESHACK KARANJA MUCHIRI.................................................ACCUSED
VERSUS
REPUBLIC................................................................................RESPONDENT
RULING
1. The Accused Meshack Karanja Muchiri is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on 1/1/2015 at about 1600 hours at Mukangu Village in Kirinyaga County he unlawfully murdered John Muchiri Wangui.
2. The accused person denied the charge. The prosecution called Four witnesses in efforts to prove the charge against the accused.
3. Counsel for the accused filed submissions and urged the court to find that the prosecution has failed to prove its case beyond any reasonable doubts.
4. I have considered the evidence adduced and the submissions made at the close of the prosecution case. I find that the evidence tendered has established a prima facie case which is sufficient to warrant the accused to be put on his defence. I find that the accused has a case to answer. He will proceed as provided under Section 306 of the Criminal Procedure Code.
Dated at Kerugoya this 28th day of November 2019.
L. W. GITARI
JUDGE
Read out in open court,
Applicant present,
P/C Ms. Muthoni.
C/A – Gichia.
L. W. GITARI
JUDGE
28/11/19.