[2017] KEHC 274 (KLR)
The court found that the prosecution had established a prima facie case against the accused based on circumstantial evidence indicating her involvement in the stabbing of the deceased. The court held that the issue of self-defence must be raised and addressed during the defence stage, not at the close of the...
Source-derived case information.
- Citation
- [2017] KEHC 274 (KLR)
- Parties
- Applicant: Republic; Defendant: Diana Karimi Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2012
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and called upon to make her defence.
- Judges
- FN Muchemi
- Legal Topics
- Prima Facie Case, Self Defence, Malice Aforethought, Unlawful Act, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Diana Karimi Njeru
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether there is evidence that the accused caused the unlawful act resulting in the death of the deceased.
- 3 Whether the element of malice aforethought was established.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused based on circumstantial evidence indicating her involvement in the stabbing of the deceased. The court held that the issue of self-defence must be raised and addressed during the defence stage, not at the close of the prosecution case. Consequently, the accused is required to make her defence as per Section 211 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and called upon to make her defence.
Orders
- The accused is hereby called upon to make her defence.
- Section 211 of the Criminal Procedure Code is applicable.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 33 OF 2012
REPUBLIC..................................................................PROSECUTION
VERSUS
DIANA KARIMI NJERU....................................................ACCUSED
R U L I N G
1. At the close of the prosecution's case, the defence filed submissions arguing that the prosecution had not made up a prima facie case against the accused for her to be put on her defence. The following issues were raised:-
· That the deceased was the aggressor and that the accused was entitled to defend herself.
· That there was no evidence that the accused caused the unlawful act which resulted in the death of the deceased.
· That the element of malice aforethought was not established.
2. The prosecution in their submissions argued that there was sufficient evidence to put the accused on his defence. The evidence of PW6 on the words uttered by the deceased were relied on together with circumstantial evidence. It was argued by the prosecution the that the self-defence raised is not backed by the evidence on record.
3. The prosecution further argued that the accused applied excessive force which was evidence of malice aforethought.
4. On perusal of the submissions of the defence and the authorities cited, I am not convinced that the evidence on record is insufficient to make up a prima facie case. There is circumstantial evidence to show that accused's involvement in the stabbing of the deceased person. The issue of self-defence would have to be raised and dealt with in the next stage of the proceedings. It is not possible to articulate in the submissions at the close of the prosecution without the person relying on it, pronouncing it and defending his act.
5. In a ruling for a case to answer the court need not give a detailed analysis and evaluation of the evidence to avoid pre-empting the defence case.
6. I reach a conclusion that the prosecution have made up a prima facie case.
7. The accused is hereby called upon to make her defence.
8. Section 211 of the Criminal Procedure Code is therefore applicable.
DATED, DELIVERED AND SIGNED AT EMBU THIS 1ST DAY OF AUGUST, 2017.
F. MUCHEMI
JUDGE
In the presence of:-
Mr. Okwaro for accused
Accused present