[2020] KEHC 4564 (KLR)
The court found that the prosecution's evidence, including that of an eyewitness and six other witnesses, was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not make a...
Source-derived case information.
- Citation
- [2020] KEHC 4564 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Nzioka Mbote
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 163 of 2016
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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
Daniel Nzioka Mbote
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including that of an eyewitness and six other witnesses, was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage but found that the evidence required the accused to answer to the charge of murder.
Court Disposition
accused placed on 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
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO.163 OF 2017
FORMERLY MACHAKOS HCCRC 5 OF 2016
REPUBLIC.......................................................................................................PROSECUTION
-VERSUS-
DANIEL NZIOKA MBOTE....................................................................................ACCUSED
RULING
1. Daniel Nzioka Mbotethe accused stands charged with the offence of murder contrary to section 203as read with section 204 of the Penal Code.
2. The prosecution relied on the evidence of seven (7) witnesses who included an eye witness. Each of the witnesses stated what he or she did, saw or heard.
3. I have considered all their evidence together with the submissions by the defence.
4. I find a prima facie case established against the accused who I hereby place on his defence under section 306(2) Criminal Procedure Code.
Delivered, signed & dated this 25th day of June 2020, in open court at Makueni.
H. I. Ong’udi
Judge