[2019] KEHC 10682 (KLR)
The court found that, after considering the evidence of 11 prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The evidence presented, if believed, could support a conviction for murder. Therefore, the accused is required to be placed on...
Source-derived case information.
- Citation
- [2019] KEHC 10682 (KLR)
- Parties
- Applicant: Republic; Defendant: Danford Kabage Mwangi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- NA Matheka
- 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
Danford Kabage Mwangi
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 being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of 11 prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The evidence presented, if believed, could support a conviction for murder. Therefore, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling does not address the merits of the defence or make any findings on the credibility of the witnesses at this stage, but simply determines that the threshold for a prima facie case has been met.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO. 8 of 2016
REPUBLIC............................................................PROSECUTOR
-VERSUS-
DANFORD KABAGE MWANGI....................................ACCUSED
RULING
1. The accused person Danford Kabage Mwangi is charged with murder c/s 203 as read with s. 204 of the Penal Code.
2. It is alleged that on the 15th August 2016 at Kiganjo Shopping Centre in Kiganjo Location within Nyeri County murdered Emmanuel Khamisi Simiyu.
3. The prosecution called 11 witnesses. At the close of their case the issue is whether the prosecution has established a prima facie case to warrant the accused being put on the defence.
4. I have carefully considered the evidence and the rival submissions by the Mr. Magoma for the state, and Mr. Gathiga Mwangi for the accused person. My view is that there is a prima facie case to warrant the accused being placed on the defence under s. 306(2) of the CPC
Dated, delivered and signed at Nyeri this 24th Day of January 2019.
Mumbua T Matheka
Judge
In the presence of:
Court Assistant: Jerusha
Accused present
Mr. Njuguna Kimani holding
Dated, delivered and signed at Nyeri this 24th Day of January 2019.
Mumbua T Matheka
Judge
In the presence of:
Court Assistant: Jerusha
Accused present
Mr. Njuguna Kimani holding brief for Gathiga Mwangi.
brief for Gathiga Mwangi.