[2013] KEHC 4052 (KLR)
The court found that, after considering the evidence of the seven prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence under Section 306(2) of the...
Source-derived case information.
- Citation
- [2013] KEHC 4052 (KLR)
- Parties
- Respondent: Republic; Defendant: Duncan Muchui Kiriiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence under Section 306(2) of the Criminal Procedure Code.
- Judges
- AN Makau
- 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
Duncan Muchui Kiriiri
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After 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 under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, after considering the evidence of the seven prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence under Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused must answer to the charge of murder as set out in the information.
Court Disposition
Accused put on his defence under Section 306(2) of the Criminal Procedure Code.
Orders
- The accused is put on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Case 59 of 2009 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC…………………………………………………………………………………PROS
VERSUS
DUNCAN MUCHUI KIRIIRI………………………………........…………………….ACCUSED
R U L I N G
The accused DUNCAN MUCHUI KIRIIRI, is charged with an offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the offence are that on 6th day of June, 2009, at Amugaa sub-location, Gitumbi location, Igembe District within Eastern Province murdered M’totaru M’Raruki Thirari.
The prosecution called 7 witnesses who testified in support of the prosecution case. That after close of the prosecution case Mr. Carlpeters Mbaabu, learned Advocate for the accused and Mr. Jackson Motende the learned State Counsel for the Prosecution were invited to make their submissions under Section 306 of the Criminal Procedure Code.
I have carefully considered the evidence of the seven(7) prosecution witnesses. I have also considered the written submissions by both the prosecution and defence counsel and authorities submitted in support of their respective opposing positions.
Having considered the evidence by seven(7) prosecution witnesses, I am satisfied that the evidence on record is sufficient to establish a prima facie case against the accused.
The accused is therefore put on his defence under Section 306(2) of the Criminal Procedure Code
DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF MARCH, 2013.
J. A. MAKAU
JUDGE
Delivered in open court in the presence of:
1. MR. Jackson Motende for State
2. Miss Waithaka for accused.
J. A. MAKAU
JUDGE
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