[2021] KEHC 1106 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused as defined in Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335. The evidence presented, if believed, would be sufficient to put the accused on his defence. The court emphasized that at this stage,...
Source-derived case information.
- Citation
- [2021] KEHC 1106 (KLR)
- Parties
- Applicant: Republic; Defendant: Bonface Mwiti Kaaria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 100 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Judges
- TW Cherere
- 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
Bonface Mwiti Kaaria
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused as defined in Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335. The evidence presented, if believed, would be sufficient to put the accused on his defence. The court emphasized that at this stage, it is not required to make a final determination on the credibility or weight of the evidence, but only to decide whether there is a case to answer. Consequently, the accused is called upon to defend himself as provided under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused shall proceed to defend himself as provided under 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 MERU
(CORAM: CHERERE-J_
CRIMINAL CASE NO.100OF 2017
BETWEEN
REPUBLIC................................................................................................PROSECUTOR
AND
BONFACE MWITI KAARIA..........................................................................ACCUSED
JUDGMENT
1. BONFACE MWITI KAARIA (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that
On 06. 12. 2017 at Taai village, Kathera Location, Imenti South Sub-County within Meru County murdered STANLEY KAARIA
1. The accused person denied committing the offence and the prosecution called a total of six (6) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
2. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
3. Having considered the evidence tendered by the prosecution, I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.
4. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS 09th DAY OF DECEMBER 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused persons - Mrs. Ntarangwi Advocate
For the State - Ms. Mwaniki