[2014] KEHC 7019 (KLR)
The court found that the prosecution had called a total of eleven witnesses and, upon careful review of the evidence, was satisfied that a prima facie case had been established against the accused. Consequently, in accordance with section 306(2) of the Criminal Procedure Code, the accused was required to give his...
Source-derived case information.
- Citation
- [2014] KEHC 7019 (KLR)
- Parties
- Respondent: Republic; Defendant: Danson Mgunya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- 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
Respondent
Danson Mgunya
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 his being put on his defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution had called a total of eleven witnesses and, upon careful review of the evidence, was satisfied that a prima facie case had been established against the accused. Consequently, in accordance with section 306(2) of the Criminal Procedure Code, the accused was required to give his defence to the charge of murder. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but was limited to determining whether the prosecution's evidence was sufficient to call for a defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder in accordance with section 306(2) of the Criminal Procedure Code.
- Hearing set for 7th May, 2014 for defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 26 OF 2008
REPUBLIC………………………..……………….……………RESPONDENT
VERSUS
DANSON MGUNYA …………………………………………………ACCUSED
RULING
The accused DANSON MGUNYA faces a charge of MURDER CONTRARY TO SECTION 203 as read out with SECTION 204of the penal code. The accused entered a plea of ‘Not Guilty’ to the charge. The prosecution led by MR. MUTETI, learned state counsel called a total of eleven (11) witnesses in support of their case. DR. KHAMINWA senior counsel acted for the accused. I have carefully perused the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct in line with section 306(2) of the Criminal Procedure Code, that the accused shall give his defence to this charge of murder.
Dated and delivered in Mombasa this 19th day of February, 2014.
M. ODERO
JUDGE
In the presence of:
Ms. Kayata h/b Dr. Khaminwa
Mr. Tanui for State
Court Clerk Mutisya
Court:
Hearing 7th May, 2014 for defence.
M. ODERO
JUDGE
19TH FEBRUARY, 2014