[2015] KEHC 1592 (KLR)
The court found that, based on the evidence of PW1 who identified the accused as the assailant and the circumstances surrounding the attack, there was sufficient evidence to establish a prima facie case against the accused. The court emphasized that at this stage, it is not required to analyze all the evidence in...
Source-derived case information.
- Citation
- [2015] KEHC 1592 (KLR)
- Parties
- Applicant: Republic; Defendant: Doris Mwendwa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Evidence
- Outcome
- accused put on her 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
Doris Mwendwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that, based on the evidence of PW1 who identified the accused as the assailant and the circumstances surrounding the attack, there was sufficient evidence to establish a prima facie case against the accused. The court emphasized that at this stage, it is not required to analyze all the evidence in detail but only to determine whether the prosecution has made out a case requiring the accused to be put on her defence. The court concluded that the prosecution had met this threshold, and accordingly, the accused was called upon to defend herself as provided under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused put on her defence
Orders
- The accused is found to have a case to answer and is put on her defence.
- The accused is informed of her rights under section 306(2) of the Criminal Procedure Code to indicate the manner of her defence and whether she will 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. 43 OF 2011
REPUBLIC………………………………………………PROSECUTOR
VERSUS
DORIS MWENDWA………………………………………...ACCUSED
RULING
Doris Mwendwa, the accused before the court, is charged with murder contrary to section 203 read with section 204 of the Penal Code. It is alleged that she murdered Doreen Gatwiri Gituma on 14th May 2011at Gachororo Village within Kiambu County.The accused appeared in court for the first time on 20th May 2011 but the plea was not taken until 13th March 2012. For reasons appearing on the record, hearing of the case did not commence until 15th October 2014!
Three witnesses have testified for the prosecution. From the evidence of PW1 John Michael Bundi, the deceased who was his girlfriend was stabbed at the door of their house at Gachororo in Juja. She was attacked by an assailant who PW1 said was the accused as PW1 was trying to light to lamp to illuminate the house. This was on 14th May 2011 and the time is place as after 7. 00pm. PW1 in company of the deceased and one Judy had just returned from buying vegetables from Gachororo market when the deceased was attacked. PW1 told the court that he entered the house first leaving the deceased and Judy outside. He had no electricity in the house and while looking for the lamp to light he heard screams from outside. He went outside and found the deceased on the ground and Judy being chased by someone. He followed the assailant whom he identified as the accused. He said he called her by name and she turned towards him. With help of electricity he was able to confirm her identity but was unable to catch up with her because she entered into some thickets. The accused was arrested later from a house and later charged with this offence. Other than PW1 no other civilian witness testified. The prosecution had difficulties in getting witnesses.
At this stage this court is not required to analyze all the evidence but to examine it with a view to determining whether there is sufficient evidence for the court to make a finding that a prima facie case has been made out against the accused as to require her to be put on her defence. Having carefully examined all the evidence and submissions by both counsel, I arrive at a conclusion that the accused person has a case to answer. Consequently, the accused is hereby put on her defence. She is informed of her rights under section 306 (2) of the Criminal Procedure Code to inform this court of the manner she intends to defend herself and whether she will be calling any witnesses in her defence. I make orders accordingly.
Dated, signed and delivered this 16th day of July 2015.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Florence Magoma, counsel for the prosecution
Mr. Muoki, counsel for the accused
Ms Doris Mwendwa, the accused
Mr. Daniel Ngumbi, Court Clerk