[2013] KEHC 623 (KLR)
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic, the court held that a reasonable tribunal could convict the accused if no explanation is offered....
Source-derived case information.
- Citation
- [2013] KEHC 623 (KLR)
- Parties
- Applicant: Republic; Defendant: Fidelis Muteti Mwanzia
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- LN Mutende
- 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
Fidelis Muteti Mwanzia
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused for the offence of murder. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic, the court held that a reasonable tribunal could convict the accused if no explanation is offered. Therefore, the accused is required to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is required to defend himself in accordance with 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 MACHAKOS
CRIMINAL CASE NO. 18 OF 2013
REPUBLIC ……………………………………..PROSECUTOR
VERSUS
FIDELIS MUTETI MWANZIA ……………………… ACCUSED
RULING
The accused is charged with two (2) counts of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63). Particulars of the offences are stipulated in the charge sheet.
A consideration of the evidence adduced by the prosecution as whole establishes a prima facie case pursuant to the principle laid down in the case of Ramanlal Trambaklal Bhatt versus Republic (1957) E.A. 322 where it states:
“... it may not be easy to describe what it meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
Consequently there is sufficient evidence that requires the accused to defend himself in accordance with section 306(2) of the Criminal Procedure Code.
DATED, SIGNED and DELIVEREDat MACHAKOS this 17thday of DECEMBER, 2013.
L.N. MUTENDE
JUDGE