[2019] KEHC 5556 (KLR)
The court found that, despite the absence of direct eyewitness testimony to the killing, the cumulative evidence presented by the prosecution, including circumstantial evidence and witness testimonies, was sufficient to establish a prima facie case against the accused. The contradictions highlighted by the defence...
Source-derived case information.
- Citation
- [2019] KEHC 5556 (KLR)
- Parties
- Applicant: Republic; Defendant: Alex Mwangangi Michael alias Ngangi
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defence
- 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
Alex Mwangangi Michael alias Ngangi
Defendant
Procedural Posture
Criminal Trial / 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 his being placed on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, despite the absence of direct eyewitness testimony to the killing, the cumulative evidence presented by the prosecution, including circumstantial evidence and witness testimonies, was sufficient to establish a prima facie case against the accused. The contradictions highlighted by the defence were not material enough to displace the prosecution's case at this stage. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 32 OF 2017
REPUBLIC..................................................................PROSECUTION
VERSUS
ALEX MWANGANGI MICHAEL aliasNGANGI...........ACCUSED
RULING
1. Alex Mwangangi Michael alias Ngangistands charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars being that on the 23rd day of May, 2013 at about 5:00 pm at Kyome village, Mangani sub-location, Kisau location in Mbooni East District within Makueni County murdered Muli Suma.
2. The prosecution called a total of eleven (11) witnesses; none of whom witnessed the actual killing. The defence counsel has filed submissions citing contradictions in the evidence of the witnesses.
3. I have considered all this evidence plus the submissions. I am satisfied that there is sufficient evidence forming a prima facie case against the accused.
4. I hereby place him on his defence under Section 306(2) Criminal Procedure Code.
Orders accordingly
DELIVERED, SIGNED & DATED THIS 16TH DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.
H. I. ONG’UDI
JUDGE