[2019] KEHC 6346 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and the post mortem report, sufficiently placed the accused at the scene and linked him to the fatal injuries suffered by the deceased. The evidence established a prima facie case of murder against the accused, justifying his being...
Source-derived case information.
- Citation
- [2019] KEHC 6346 (KLR)
- Parties
- Applicant: Republic; Defendant: Benjamin Kyalo Mulonzi
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 72 of 2019
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case Under Section 306(2) Criminal Procedure Code
- Outcome
- accused placed on his defence
- 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
Republic
Applicant
Benjamin Kyalo Mulonzi
Defendant
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case Under Section 306(2) Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and the post mortem report, sufficiently placed the accused at the scene and linked him to the fatal injuries suffered by the deceased. The evidence established a prima facie case of murder against the accused, justifying his being placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold required at this stage of the proceedings, and thus ordered the accused to be put on his defence.
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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 78 OF 2017
REPUBLIC.............................................PROSECUTION
-VERSUS-
BENJAMIN KYALO MULONZI..................ACCUSED
RULING
1. The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars being that on 7/9/2010 he killed Jackson Mulinge Mulonzi who was his younger brother.
2. The prosecution called six (6) witnesses who testified of what they saw, heard and did.
3. A post mortem report was produced by consent as EXB2. It shows the cause of death as cardiopulmonary arrest due to severe head injury.
4. The evidence adduced has placed the accused at the scene of incident. The deceased died as a result of the injuries suffered on this day.
5. I have equally considered the submissions by the defence based on the evidence on record. In totality, I find that there is sufficient evidence to warrant the accused being placed on his defence which I hereby do under Section 306(2) Criminal Procedure Code.
DELIVERED, SIGNED & DATED THIS 27TH DAY OF JUNE, 2019, IN OPEN COURT AT MAKUENI.
………………………………….
H. I. ONG’UDI
JUDGE