[2018] KEHC 5159 (KLR)
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony and circumstantial evidence, to establish a prima facie case against the accused. Applying the standard set out in Bhatt v R and section 306 of the Criminal Procedure Code, the court determined that a reasonable...
Source-derived case information.
- Citation
- [2018] KEHC 5159 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Chepkwony
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Judgment Date
- 26 July 2018
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- accused put on his defence
- Judges
- EM Ngugi
- Legal Topics
- Murder, Standard of Proof, Prima Facie Case
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Chepkwony
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony and circumstantial evidence, to establish a prima facie case against the accused. Applying the standard set out in Bhatt v R and section 306 of the Criminal Procedure Code, the court determined that a reasonable tribunal could convict on the evidence presented if unchallenged. Therefore, the accused is required to answer the case and present his defence.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer.
- The case is set down for defence hearing.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 8 OF 2016
REPUBLIC...............................................................................PROSECUTOR
VERSUS
DANIEL CHEPKWONY.................................................................ACCUSED
RULING ON NO CASE TO ANSWER
1. The Accused Person, Daniel Chepkwony (“Accused Person”) is charged with murder contrary to section 203 of the Penal Code as read together with section 204 of the Penal Code. He is accused of murdering Esther Jemuge Chepkwony (“Deceased”) on 14/02/2016 at Banita Centre, Solai in Rongai within Nakuru County.
2. The Prosecution called eight four witnesses to prove its case. The narrative emerging from the Prosecution witnesses is that the Accused Person, who was the husband to the Deceased, attacked her in their home and inflicted fatal injuries on her head. Two of the witnesses claimed to have heard the commotion and fracas in the home of the Accused Person and Deceased and the Deceased was found seriously injured in the home thereafter. The claim is that only the Accused had access to the home during that time.
3. At this stage in the proceedings, the Court is required to make a finding whether the Prosecution has presented sufficient evidence to require the Accused Person to be put on his defence or whether the case should be stopped at this point. The test to be utilized is the famous one stated in Bhatt –vs- R [1957] EA 332:whether, as a matter of law – without taking any conclusive view of the credibility and probative value of the evidence presented – the Prosecution has adduced reasonable sufficient evidence of the matter in respect of which it has the burden of proof. Reasonable sufficient evidence is one which a reasonable tribunal could convict.
4. In my view, the Prosecution has placed enough material to make this a fit case to require the Accused Person to respond to the evidence adduced.
5. Consequently, the Court finds that the Accused Person has a case to answer and puts him on his defence.The case shall be set down for defence hearing.
Delivered at Nakuru this 26th day of July, 2018.
................................
JOEL NGUGI
JUDGE