[2016] KEHC 6126 (KLR)
The court found that the prosecution's evidence established a prima facie case of murder against the accused, as required under Section 306(2) of the Criminal Procedure Code. The accused admitted to hitting the deceased with a piece of wood after being harassed, resulting in his death. While the accused claims...
Source-derived case information.
- Citation
- [2016] KEHC 6126 (KLR)
- Parties
- Applicant: Republic; Defendant: Esther Munyasia Mutua
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused put on her defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Self Defence, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Esther Munyasia Mutua
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
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 accused's claim of self-defence is sufficient to negate the charge of murder at this stage.
Ratio Decidendi
The court found that the prosecution's evidence established a prima facie case of murder against the accused, as required under Section 306(2) of the Criminal Procedure Code. The accused admitted to hitting the deceased with a piece of wood after being harassed, resulting in his death. While the accused claims self-defence, the court determined that this explanation must be evaluated during the defence stage. Therefore, the accused is put on her defence to explain the circumstances of the incident and the validity of her self-defence claim.
Court Disposition
Accused put on her defence.
Orders
- The accused is put on her defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 31 OF 2015
REPUBLIC……………………………..PROSECUTOR
VERSUS
ESTHER MUNYASIA MUTUA............…...ACCUSED
R U L I N G
Esther Munyasia Mutua,the Accused is charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 1stday of June, 2011 at Ukati Village, Ngungi Sub-location, Mui Locationof Mwingi Districtwithin the Kitui Countyshe unlawfully killed Kyende Mutua(Deceased).
At the close of the Prosecution’s case, it was established that the Deceased, a brother to the Accused went to her house and started harassing her. She retaliated by hitting him with a piece of wood. He fell down and became unconscious. She reported the matter to the police who investigated and charged her with the offence.
Since the Accused person claimed to have acted in self defence, it will be imperative for her to render an explanation of what transpired in her defence. Accordingly she is put on her defence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.
It is so ordered.
Dated, Signed and Deliveredat Kitui this 16thday of March,2016.
L. N. MUTENDE
JUDGE