[2018] KEHC 4043 (KLR)

[2018] KEHC 4043 (KLR)

After the close of the prosecution's case, the court must determine whether the evidence adduced establishes a prima facie case against the accused. The test is whether a reasonable tribunal, properly directing its mind to the law and the evidence, would convict if no explanation is offered by the defence. In this...

Source-derived case information.

Citation
[2018] KEHC 4043 (KLR)
Parties
Respondent: Republic; Defendant: David Gitonga
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
18 September 2018
Case Number
Criminal Case 90 of 2013
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
accused put on defence
Judges
F Gikonyo
Legal Topics
Murder Trial, Prima Facie Case, Burden of Proof, Criminal Procedure
Source Language
english
Criminal Law Murder Trial Prima Facie Case Burden of Proof Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

David Gitonga

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
  2. 2 What constitutes a prima facie case under Kenyan criminal law.

Ratio Decidendi

After the close of the prosecution's case, the court must determine whether the evidence adduced establishes a prima facie case against the accused. The test is whether a reasonable tribunal, properly directing its mind to the law and the evidence, would convict if no explanation is offered by the defence. In this case, the accused is charged with murder and seven prosecution witnesses have testified. Upon reviewing the evidence, the court finds that a prima facie case has been established against the accused. Therefore, the accused is called upon to enter his defence as required by Section 306 of the Criminal Procedure Code. The accused is also informed of his rights to address the...

Court Disposition

accused put on defence

Orders

  • The accused is called upon to enter his defence against the charge of murder.
  • The accused is informed of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence.