[2018] KEHC 2206 (KLR)
The court found that, after considering the evidence of 12 prosecution witnesses and the submissions of both parties, the prosecution had established a prima facie case against the accused person on all three counts of murder. The evidence was sufficient to require the accused to be put on his defence in accordance...
Source-derived case information.
- Citation
- [2018] KEHC 2206 (KLR)
- Parties
- Defendant: Andrew Luvoga Sukunwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- NA Matheka
- 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
Andrew Luvoga Sukunwa
Defendant
Republic
Respondent
Procedural Posture
Criminal Trial / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, after considering the evidence of 12 prosecution witnesses and the submissions of both parties, the prosecution had established a prima facie case against the accused person on all three counts of murder. The evidence 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 was persuaded that the threshold for a case to answer had been met and accordingly ruled that the accused must be called upon to make his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HCCR NO.3 OF 2016
REPUBLIC.................................................................PROSECUTION
VERSUS
ANDREW LUVOGA SUKUNWA.....................................ACCUSED
R U L I N G
The accused person Andrew Luvoga Sukunwa faces three counts of murder contrary to section 203 as read with section 204 of the CPC.
On the 1st Count, it was alleged that on the 15th day of March, 2016 at Mathari area within Nyeri County, murdered Rosemary Wihuini Wambui.
On the 2nd Count, it was alleged that on the 15th day of March,2016 at Mathari area within Nyeri County, murdered Esther Wanjira Wambui.
On the 3rd Count, it was alleged that on the 15th day of March, 2016 at Mathari area within Nyeri County, murdered Christine Wangui Wambui.
He took plea on 30th March 2016 before Mativo J and pleaded NOT GUILTY to each one of them.
The trial took off before me on 22nd November 2017, and on 8th October 2018 the prosecution closed its case after calling 12 witnesses.
At this stage the court is supposed to determine whether the prosecution has established a prima facie case to warrant the accused person to be placed on his defence as required by s.306 (2) of the Criminal Procedure Code.
I have carefully considered the evidence before me. I have considered the submissions made by the defence- urging me to find that no prima facie case has been made out and the state urging for a contrary finding.
I am persuaded that a prima facie case has been made out to warrant the accused being put on the defence to warrant compliance with s.306 (2) of the Criminal Procedure Code.
Dated delivered and signed in open court at Nyeri this 16th Day of November 2018.
Mumbua T Matheka
Judge
In the presence of:
CA Esther
Accused present
Ms Macharia for the accused person
Mrs Owuor for the State