[2011] KEHC 3268 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Daniel Lucas Kivuva Mbithi, based on the totality of the evidence presented, particularly the testimony of the principal witness, PW3. The court noted that the credibility of PW3 was central but did not make a final...
Source-derived case information.
- Citation
- [2011] KEHC 3268 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Lucas Kivuva Mbithi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 13 of 2009
- Procedural Posture
- Murder Trial / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Judges
- MA Warsame
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Witness Credibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Lucas Kivuva Mbithi
Defendant
Procedural Posture
Murder Trial / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be placed on his defence.
- 2 Whether the principal prosecution witness (PW3) was credible.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Daniel Lucas Kivuva Mbithi, based on the totality of the evidence presented, particularly the testimony of the principal witness, PW3. The court noted that the credibility of PW3 was central but did not make a final determination on this issue at this stage. In accordance with Section 306(2) of the Criminal Procedure Code, the court ruled that the accused should be placed on his defence, as the evidence adduced was sufficient to require an answer from him. The court refrained from giving detailed reasons to avoid prejudicing the defence.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MURDER NO. 13 OF 2009
REPUBLIC......................................................................................................................PROSECUTION
VERSUS
DANIEL LUCAS KIVUVA MBITHI.........................................................................................ACCUSED
R U L I N G
The Accused – Danuel Lukas Kivuva Mbithi stands charged with the offence of murder contrary to Section 204 of the penal code. He denied the charge and the prosecution closed its case after calling a total of 17 witnesses.
Both counsel made submissions after the close of the prosecution case and furnished the court with several decided cases in support of their stand points.
I have very carefully considered this evidence along with the said very able submissions.
The prosecution case revolves around the credibility or otherwise of PW3 – Florence Wawira – who was the principal witness for the prosecution. Was she or was she not a credible witness? The answer could go either way. The law does not require me to give any reasons at this point for a finding of a case to answer lest l prejudice the case for the defence. I can nonetheless safely say that I am satisfied that the prosecution has established a prima facie case against the Accused person to warrant him to be placed on his defence. He is therefore placed onto his defence pursuant to Section 306(2) of the Criminal Procedure Code.
W. KARANJA
JUDGE
Signed by the above but delivered and dated by the undersigned at Embu this 5th day of April, 2011.
M. WARSAME
JUDGE
In the presence of :-