[2007] KEHC 2705 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Charles Mwangi Kariuki, for the offence of murder as charged. This finding was based on the evidence of eight prosecution witnesses, which, if believed, would be sufficient to support a conviction. Accordingly, the accused...
Source-derived case information.
- Citation
- [2007] KEHC 2705 (KLR)
- Parties
- Applicant: Republic; Respondent: Charles Mwangi Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2005
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Prosecution has established a prima facie case; accused to be put on his defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Mwangi Kariuki
Respondent
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 What options are available to the accused in presenting his defence under the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Charles Mwangi Kariuki, for the offence of murder as charged. This finding was based on the evidence of eight prosecution witnesses, which, if believed, would be sufficient to support a conviction. Accordingly, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the procedural rights of the accused at this stage, including the options to give a sworn or unsworn statement, call witnesses, or remain silent. The ruling does not determine guilt but ensures that the accused is afforded the opportunity to present his...
Court Disposition
Prosecution has established a prima facie case; accused to be put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
- The accused is informed of his rights to give a sworn or unsworn statement, call witnesses, or remain silent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Case 65 of 2005
REPUBLIC……………………………………………….APPLICANT
-VS-
CHARLES MWANGI KARIUKI………….…...…….RESPONDENT
RULING
The accused has been charged for the offence of murder, contrary to Section 203 as read with 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence as stated on the information are as follows:
“On the night of 8th and 9th April, 2005 at Congo Village in Kasarani Division
within Nairobi Province, murdered EVERLYNE NDITI MUYU.
During the trial, the prosecution availed eight witnesses. After carefully perusing the evidence of the witness, I hereby find that the prosecution has established a facie case against the accused to require him to be put on his defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused has the option to address the court either personally or by his advocate. In the event that the accused opts to give a sworn statement, then he will be subjected to cross-examination. He also has a right to call any number of witnesses in his defence.
Secondly, the accused has a right to make an unsworn statement and call witnesses to his defence. In the event that the accused exercises the second option, then he will not be subjected to any cross-examination.
Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel to sum up the case against the accused person. Consequently, the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.
MUGA APONDI,
JUDGE.
DATED: 30TH JULY, 2007
Ruling read signed and delivered in open Court in the presence of the accused and
Mr. Kivihia ) for Republic
Mr. Aduda ) for Accused
MUGA APONDI,
JUDGE.
DATED: 30TH JULY 2007.