[2021] KEHC 1561 (KLR)
The court found that, based on the evidence tendered by the nine prosecution witnesses, a prima facie case had been established against the accused persons. The court emphasized that at this stage, it is not required to determine the credibility or conclusiveness of the evidence, but only whether the evidence is...
Source-derived case information.
- Citation
- [2021] KEHC 1561 (KLR)
- Parties
- Applicant: Republic; Defendant: Agnes Murochia Kamunya; Defendant: Patrick Kinoti Kamunya; Defendant: Jeremiah Kailikia Kamunya; Defendant: Phineas Kinyua Kaome; Defendant: David Kinyua Mugambi; Defendant: Mary Kanario Kamunya; Defendant: Domiciano Kobia Kitibo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused persons to be put on their 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
Republic
Applicant
Agnes Murochia Kamunya
Defendant
Patrick Kinoti Kamunya
Defendant
Jeremiah Kailikia Kamunya
Defendant
Phineas Kinyua Kaome
Defendant
David Kinyua Mugambi
Defendant
Mary Kanario Kamunya
Defendant
Domiciano Kobia Kitibo
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that, based on the evidence tendered by the nine prosecution witnesses, a prima facie case had been established against the accused persons. The court emphasized that at this stage, it is not required to determine the credibility or conclusiveness of the evidence, but only whether the evidence is sufficient to require the accused to be put on their defence. Applying the standard set out in Ramanlal Trambaklal Bhatt vs Rex, the court concluded that the prosecution's case met the threshold for calling upon the accused to defend themselves under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons to be put on their defence.
Orders
- The accused persons are called upon to defend themselves as provided under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO.1 OF 2017
BETWEEN
REPUBLIC ..................................................................................................PROSECUTOR
AND
AGNES MUROCHIA KAMUNYA ............................................................1ST ACCUSED
PATRICK KINOTI KAMUNYA ...............................................................2ND ACCUSED
JEREMIAH KAILIKIA KAMUNYA ........................................................3RD ACCUSED
PHINEAS KINYUA KAOME....................................................................4TH ACCUSED
DAVID KINYUA MUGAMBI......................................................................5TH ACCUSED
MARY KANARIO KAMUNYA ................................................................6TH ACCUSED
DOMICIANO KOBIA KITIBO.................................................................7TH ACCUSED
RULING
1. Accused persons herein are jointly charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on the night of 24th and 25th December, 2016 at Kianjai Market, Kianjai Location, in Tigania West Sub-County within Meru County murdered LEONARD MWITI MUGAMBI alias Mbotela.
2. The accused person denied committing the offence and the prosecution called a total of 9 (nine) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
4. Having considered the evidence tendered by the nine prosecution witnesses I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused persons to defend himself.
5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS 25TH DAY OF NOVEMBER 2021
WAMAE. T. W. CHERERE
JUDGE
COURT ASSISTANT - KINOTI
ACCUSED 1-7 - PRESENT
FOR THE ACCUSED PERSONS - MR. KAIMENYI ADVOCATE
FOR THE STATE - MS. MWANIKI