[2018] KEHC 7299 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Benson Ndegwa Kamau, based on the evidence of key witnesses who placed him at the scene and identified him at an identification parade. The court emphasized that at this stage, it is not required to determine guilt beyond...
Source-derived case information.
- Citation
- [2018] KEHC 7299 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Ndegwa Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- J Wakiaga
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Identification Parade, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Ndegwa Kamau
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.
- 2 Whether the evidence adduced places the accused at the scene and sufficiently links him to the offence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Benson Ndegwa Kamau, based on the evidence of key witnesses who placed him at the scene and identified him at an identification parade. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt but only whether there is sufficient evidence to require the accused to make a defence. The court relied on the principle that a case to answer exists where the evidence, if believed, could sustain a conviction, even if the case is borderline. Consequently, the accused was put on his defence and advised of his rights under the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence.
- The accused is advised of his rights under Section 306 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 NAIROBI
MILIMANI LAW COURTS
CRIMINAL CASE NO. 59 OF 2015
REPUBLIC............................................PROSECUTOR
VERSUS
BENSON NDEGWA KAMAU....................ACCUSED
RULING
INTRODUCTION
1. The accused BENSON NDEGWA KAMAU was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on the night of 26th day of December 2014 at Dandora Phase 4 in Njiru Sub-county within Nairobi County murdered MARGARET NJERI MUCHOKI.
2. He pleaded not guilty to the said charge and to prove its case the prosecution called a total of nine (9) witnesses and at the close of the prosecution case the defence opted not to make any submission while on behalf of the prosecution it was submitted that a prima facie case had been established to enable the court place the accused on his defence. It was submitted that the accused was placed at the scene and was thereafter positively identified at an identification parade.
3. At this stage, the issue is not whether or not the prosecution has established a case against the accused person beyond reasonable doubt but whether a case has been made to justify calling upon the accused person to offer an explanation as was stated in the case of REPUBLIC v JAGJIVAN M. PATEL & Others (1) TLR as follows:-
“All the court has to decide at the close of the evidence in support of the charge is whether a case is made out against the accused just sufficiently to require him to make a defence, it may be a strong case or a weak case. The court is not required at this stage to apply its mind in deciding finally whether the evidence is worthy of credit or whether if believed it is weighty enough to prove the case conclusively beyond reasonable doubt. A ruling that there is a case to answer would be justified in my opinion in a border line case where the court, though not satisfied as to the conclusiveness of the prosecution evidence, is yet of the opinion that the case made out is one which on full consideration might possibly be thought sufficient to sustain a conviction.”
4. From the evidence tendered and in particular the evidence of PW3 – EMILY WANJIRU KINUTHIA, PW4 BETH WANJIRU MORIAandPW6 MOSES MWANGI I am satisfied and hold that a prima facie case has been established to enable the court put the accused on his defence which I hereby do. The accused is therefore advised of his rights under Section 306 of the Criminal Procedure Code.
DATED, SIGNED and DELIVERED at Nairobi this 20th day of April, 2018
........................
J. WAKIAGA
JUDGE
In the presence of:-
Mr. Meroka for the State
Mr. Juma for Oduor for the accused
Accused present
Court clerk Paul