[2021] KEHC 2465 (KLR)
The court found that, based on the evidence tendered by eleven prosecution witnesses, a prima facie case had been established against Accused 1 (Daniel Mithika Joshua) and Accused 2 (Selesio Ntonja Turence), warranting that they be called upon to defend themselves. However, the court determined that no prima facie...
Source-derived case information.
- Citation
- [2021] KEHC 2465 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Mithika Joshua; Defendant: Selesio Ntonja Turence; Defendant: Silas Mutwiri Mukaria; Defendant: Martin Gikundi Munjia; Defendant: Stanley Miriti Kubai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused 1 and 2 to be put on their defence; Accused 3, 4, and 5 acquitted and set at liberty.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Mithika Joshua
Defendant
Selesio Ntonja Turence
Defendant
Silas Mutwiri Mukaria
Defendant
Martin Gikundi Munjia
Defendant
Stanley Miriti Kubai
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 each accused person to warrant them being put on their defence.
- 2 Whether any of the accused persons should be acquitted at this stage under Section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, based on the evidence tendered by eleven prosecution witnesses, a prima facie case had been established against Accused 1 (Daniel Mithika Joshua) and Accused 2 (Selesio Ntonja Turence), warranting that they be called upon to defend themselves. However, the court determined that no prima facie case had been established against Accused 3 (Silas Mutwiri Mukaria), Accused 4 (Martin Gikundi Munjia), and Accused 5 (Stanley Miriti Kubai). Consequently, under Section 306(1) of the Criminal Procedure Code, Accused 3, 4, and 5 were found not guilty and set at liberty unless otherwise lawfully held. The court emphasized that the final determination of the credibility and weight...
Court Disposition
Accused 1 and 2 to be put on their defence; Accused 3, 4, and 5 acquitted and set at liberty.
Orders
- Accused 1 (Daniel Mithika Joshua) and Accused 2 (Selesio Ntonja Turence) are called upon to defend themselves.
- Accused 3 (Silas Mutwiri Mukaria), Accused 4 (Martin Gikundi Munjia), and Accused 5 (Stanley Miriti Kubai) are found not guilty and are hereby set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE (MURDER) NO. 25 OF 2019
BETWEEN
REPUBLIC...........................................................................................................PROSECUTOR
AND
DANIEL MITHIKA JOSHUA............................................................................1ST ACCUSED
SELESIO NTONJA TURENCE.........................................................................2ND ACCUSED
SILAS MUTWIRI MUKARIA...........................................................................3RD ACCUSED
MARTIN GIKUNDI MUNJIA............................................................................4TH ACCUSED
STANLEY MIRITI KUBAI................................................................................5TH ACCUSED
SENTENCE
1. Accused persons are jointly charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that
On 23rd March,2019 at Kirama Village, Nkanda sub-location, Antuambui Location, in Igembe Sub-County within Meru County, jointly with others not before the court murdered GERALD MICHUBU
2. In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A 332, a prima facie case was defined as one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, The final determination can only properly be made when the case for the defence has been heard.
4. I have considered the evidence tendered by the eleven (11) prosecution witnesses and I am persuaded that a primafcie case has been established that warrants this court to call upon the Accused 1 and 2 to defend themselves.
5. Under Section 306(1) of the Criminal Procedure Code and for reasons to be given later in the judgment, Accused 3, 4 and 5 are found NOT GUILTY are hereby set at liberty unless otherwise lawfully held.
DATED THIS 04TH DAY OF NOVEMBER 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused 1 - Present
Accused 2 - Present
Accused 3 - Present
Accused 4 - Present
Accused 5 - Present
For the Accused persons - Mr. Igweta Advocate
For the State - Ms. Mwaniki