[2022] KEHC 2425 (KLR)
The court found that the prosecution's evidence, after calling nine witnesses, was sufficient to establish a prima facie case against the accused. Applying the standard set out in Section 306 of the Criminal Procedure Code and the guidance from case law, the court held that the accused must be called upon to defend...
Source-derived case information.
- Citation
- [2022] KEHC 2425 (KLR)
- Parties
- Applicant: Republic; Defendant: Anthony Barasa Wafula
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and called upon to defend himself.
- Judges
- MM Kasango
- Legal Topics
- Murder Trial, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Anthony Barasa Wafula
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, after calling nine witnesses, was sufficient to establish a prima facie case against the accused. Applying the standard set out in Section 306 of the Criminal Procedure Code and the guidance from case law, the court held that the accused must be called upon to defend himself. The evidence, if unchallenged, could result in a conviction, thus satisfying the threshold for a case to answer. The accused was accordingly informed of his rights to address the court, give evidence, or call witnesses in his defence.
Court Disposition
Accused found to have a case to answer and called upon to defend himself.
Orders
- The accused is called upon to make his election on how he shall defend himself as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 17 OF 2017
REPUBLIC.................................................................................PROSECUTOR
-VERSUS-
ANTHONY BARASA WAFULA.....................................................ACCUSED
RULING
1. ANTHONY BARASA WAFULA was charged with murder of MARY NJOKI CHEGE,deceased which allegedly occurred on 22nd February, 2017. He pleaded not guilty. Prosecution closed its case after calling nine witnesses. The closure of the prosecution’s case calls upon this Court to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap 75. In the case REPUBLIC VS. JOSEPH SHITANDI & ANOTHER (2014) eKLR, the court stated:-
“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.”
2. This Court finds that the prosecution’s evidence suffices for the accused to be called upon to defend himself. Accordingly, as per Section 306(2) of Cap 75, the accused is informed that he has a right to address the court, either personally or by his advocate and to give evidence on his own behalf, or to make unsworn statement, and to call witnesses in his defence. The accused is called upon to make his election on how he shall defend himself.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022
MARY KASANGO
JUDGE
Coram:
Court Assistant: Mourice
Accused: Anthony Barasa Wafula : - Present
For accused: - Mr. Karanja
For DPP: - Mr. Kasyoka & Mr. Benjamin
COURT
RULINGdelivered virtually.
MARY KASANGO
JUDGE