[2019] KEHC 10200 (KLR)
The court found that the prosecution had established a prima facie case against the accused by presenting evidence that the deceased, Regina Kiinyu, had died, and that witnesses placed the accused at the scene as the perpetrator. The postmortem report confirmed the fact of death, and the prosecution's evidence, if...
Source-derived case information.
- Citation
- [2019] KEHC 10200 (KLR)
- Parties
- Respondent: Republic; Defendant: Daniel Oyondi Moi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2017
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- NA Matheka
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Mens Rea, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Daniel Oyondi Moi
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
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 presented supports the ingredients of the charge of murder under section 203 as read with section 204 of the Penal Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused by presenting evidence that the deceased, Regina Kiinyu, had died, and that witnesses placed the accused at the scene as the perpetrator. The postmortem report confirmed the fact of death, and the prosecution's evidence, if left unchallenged, would be sufficient to convict. The court was satisfied that the threshold set in Bhatt v. Republic (1957) EA 322 had been met, and therefore, the accused was required to be put on his defence as per section 306(1) of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused shall be put on his defence as required by section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NYERI
CRIMINAL CASE NO. 02 OF 2017
REPUBLIC.........................................................PROSECUTION
AND
DANIEL OYONDI MOI.............................................ACCUSED
RULING
The accused person Daniel Oyondi Moi is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
In the information dated 5th May 2017, it was alleged that on 29th April 2017 at Kiawara village within Mweiga Township Kieni West, sub County Nyeri County he murdered Regina Kiinyu.
The state called 9 witnesses and then closed its case.
At this point in the criminal trial the court is required to determine whether a prima facie case has been established to warrant the accused person being put on his defence.
For a murder charge a prima facie case will be established where there is evidence to support the ingredients of the charge.
Bhatt Vs.Republic (1957) EA 322 set the standards for a prima facie case that there is evidence before a reasonable tribunal sufficient enough if the accused person said nothing in his defence the court could convict.
The prosecution must establish that a person died, in this case the fact of death of Regina Kiinya was established by the postmortem report, witnesses alleged that they saw the accused person in this case who commit the offence.
I heard submissions by both the defence and the state. Counsel for accused Mr. Gathiga Mwangi argued that the state had not established mens rea on the part of the accused, and in any event the accused person had been provoked by the deceased.
The state through Mr. Magoma argued that the state had established that it was the accused who had committed the offence.
I have carefully considered the evidence as presented, the submissions by both sides. I am of the view that the prosecution has established a prima facie case against the accused to warrant him being put on the defence as required by section 306(1) of the CPC.
Dated, delivered and signed at Nyeri this 8th Day of February 2019.
Mumbua T. Matheka
Judge
In the presence of:
Court Assistant-Juliet
Mr.Kiu for state
Gathiga Mwangi for accused
Mumbua T. Matheka
Judge
8/2/19