[2015] KEHC 1092 (KLR)
The court found that the prosecution's evidence, including the testimony of PW1 who saw the accused and deceased together, the booking of the room, the discovery of the deceased injured in the accused's presence, and the accused's subsequent flight, was sufficient to establish a prima facie case of murder....
Source-derived case information.
- Citation
- [2015] KEHC 1092 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Nzomo Mutua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his 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 Nzomo Mutua
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of PW1 who saw the accused and deceased together, the booking of the room, the discovery of the deceased injured in the accused's presence, and the accused's subsequent flight, was sufficient to establish a prima facie case of murder. Therefore, the accused must be placed on his defence as required by law.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence as a prima facie case has been established.
- The accused has been informed of his right to state how he wishes to defend himself and whether he wishes to call any witnesses.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 11 OF 2012
REPUBLIC………………PROSECUTOR
VERSUS
DANIEL NZOMO MUTUA…………..ACCUSED
RULING
Daniel Nzomo Mutua, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code particulars of which are that on 10th January 2012 at Kibera Laini Saba within Nairobi County, he murderd Dorothy Kagendi Nyaga alias Caroline Wambui.
At the close of the prosecution case on 9th November 2015 the duty of this court at this stage of the trial is to determine whether the evidence on record establishes a prima facie case to warrant the placing of the accused on his defence.
I have carefully examined the evidence. PW1 knew the accused and the deceased. They were regular customers at Wasafiri Bar, the scene of the murder. They used to hire a room at Wasafiri Bar for the night. Room No. 5 was their favorite and on 9th January 2012 at 7. 00pm they went to Wasafiri Bar and booked Room No. 5. The accused who paid for the room was issued with receipt No. 5715 Exhibit 1. On the following day, PW1 found the deceased injured inside that room with the accused holding her. The accused managed to escape from the scene. The deceased was taken to hospital but died while undergoing treatment. The accused was later arrested and charged.
I find the evidence by the prosecution establishes a prima facie case against the accused person. I will consequently place him on his defence. As required under section 306 (2) of the Criminal Procedure Code the accused has been informed of his right to inform the court how he wishes to defend himself and whether he wishes to call any witness/witnesses in support of his defence. Orders shall issue accordingly.
Dated, signed and delivered in open court this 24th day of November 2015.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Ikol, the prosecution counsel
Mr. Wachira, defence counsel
Mr. Daniel Nzomo Mutua, the accused
Mr. Daniel Ngumbi, court clerk