[2015] KEHC 4617 (KLR)
The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against the accused, Christine Akinyi Mashere, for the murder of Margaret Njeri Njoroge. The evidence on record, though not detailed in the ruling, was deemed adequate to require the...
Source-derived case information.
- Citation
- [2015] KEHC 4617 (KLR)
- Parties
- Applicant: Republic; Defendant: Christine Akinyi Mashere
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on her defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Christine Akinyi Mashere
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 require her to be put on her defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against the accused, Christine Akinyi Mashere, for the murder of Margaret Njeri Njoroge. The evidence on record, though not detailed in the ruling, was deemed adequate to require the accused to be put on her defence as mandated by section 306(2) of the Criminal Procedure Code. The court accordingly informed the accused of her rights to defend herself, including the manner of giving evidence and the right to call witnesses.
Court Disposition
Accused put on her defence.
Orders
- The accused is put on her defence under section 306(2) of the Criminal Procedure Code.
- The accused is informed of her right to address the court in her defence, either by sworn statement or unsworn statement, and to call witnesses.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 32 OF 2013
REPUBLIC.................................................PROSECUTOR
VERSUS
CHRISTINE AKINYI MASHERE..........................ACCUSED
RULING
It is the duty of this court to determine at this stage of the trial whether a prima facie case has been established by the prosecution against Christine Akinyi Mashere, the accused person, to require this court to put her on her defence. The accused person faces a murder charge contrary to section 203 read with section 204 of the Penal Code. It is alleged that the accused person with others not before the court murdered Margaret Njeri Njoroge, the deceased, on the night of 23rd and 24th December 2012 at Githurai 45 within Nairobi County. Nine (9) witnesses have testified in support of the prosecution case.
I have considered the evidence on record and without going into the details of what each witness stated it is my view that the prosecution evidence is sufficient enough for this court to make a conclusion that a prima facie case has been established against the accused at this stage. Consequently, I will and do hereby put her on her defence.
Section 306 (2) of the Criminal Procedure Code requires that this court informs the accused person of her rights under that section. She is hereby informed of her right to address this court in the manner she wishes to defend herself either by giving a sworn statement in which case she will be cross examined by the prosecution counsel or giving evidence without taking oath. She is also informed of her right to call witnesses in her defence and to inform the court of the same. Orders are made accordingly.
Dated, signed and delivered this 20th day of May 2015.
S.N. Mutuku
Judge