[2020] KEHC 7263 (KLR)
The court found that the prosecution, through the testimony of five witnesses and forensic analysis indicating poisoning as the cause of death, has established sufficient evidence to make out a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with...
Source-derived case information.
- Citation
- [2020] KEHC 7263 (KLR)
- Parties
- Applicant: Republic; Defendant: BVJ
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 124A of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence under section 306(2) Criminal Procedure Code.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
BVJ
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of five witnesses and forensic analysis indicating poisoning as the cause of death, has established sufficient evidence to make out a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence under section 306(2) Criminal Procedure Code.
Orders
- Accused is hereby placed on his defence under section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 124A OF 2017
FORMERLY MACHAKOS HCCRC. NO. 36 OF 2014
REPUBLIC....PROSECUTION
-VERSUS-
BVJ..........................ACCUSED
RULING
1. The accused is charged with the murder of his son.
2. Five (5) witnesses testified on behalf of the State. The witnesses have stated what transpired that night. The child who died was about three years old.
3. The cause of death was said to be poisoning. This was analyzed from the vomit the child had produced.
4. I am satisfied that there is sufficient evidence to establish a prima facie case, against the accused.
5. Accused is hereby placed on his defence under section 306 (2) Criminal Procedure Code.
Orders accordingly.
Delivered, signed & dated this 10th day of March, 2020, in open court at Makueni.
………………………………….
H. I. Ong’udi
Judge