[2016] KEHC 6714 (KLR)
The court found that, upon reviewing the testimonies of the six prosecution witnesses and the post-mortem report, there was sufficient evidence to establish a prima facie case against the accused. The evidence, if uncontroverted, would justify a conviction for the offence charged. Consequently, the accused was...
Source-derived case information.
- Citation
- [2016] KEHC 6714 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Kirugu Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- DW Mbuteti
- Legal Topics
- Murder, Criminal Procedure, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Kirugu Mwangi
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.
- 2 Whether the evidence adduced by the prosecution, if uncontroverted, would warrant a conviction.
Ratio Decidendi
The court found that, upon reviewing the testimonies of the six prosecution witnesses and the post-mortem report, there was sufficient evidence to establish a prima facie case against the accused. The evidence, if uncontroverted, would justify a conviction for the offence charged. Consequently, the accused was informed of his rights under section 306 of the Criminal Procedure Code and required to state whether he intended to call any witnesses in his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is informed of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence.
- The accused or his advocate is required to state whether it is intended to call any witnesses as to fact other than the accused himself.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 36 OF 2012
(Formerly Nyeri High Court Criminal Case No.40 of 2010)
REPUBLIC......................................................PROSECUTOR
VERSUS
FRANCIS KIRUGU MWANGI................................ACCUSED
R U L I N G
1. The Accused in this case, Francis Kirugu Mwangi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 28/10/2010 that in the night of 16th and 17th October 2010 at Nguthuru Village in Murang’a County he murdered one Stephen Maina Mwangi. He pleaded not guilty.
2. The Accused’s trial commenced on 30/09/2013 before Ngaah, J who took the evidence of five prosecution witnesses. I succeeded Ngaah, J at this station and took the evidence of the last prosecution witness, PW6. The prosecution then closed their case. Both the prosecution and defence counsels did not make any submissions upon close of prosecution case.
3. I am alive to the provisions of section 306 of the Criminal Procedure Code, Cap 75. I have read through the testimonies of the six prosecution witnesses. I have also read the post-mortem report (Exhibit P4) produced by PW6. I consider that there is evidence that the Accused person committed the offence charged. I therefore hereby inform him of his right to address the court, either personally or by his advocate; to give evidence on his own behalf, or to make an unsworn statement; and to call witnesses in his defence. I now require the Accused or his advocate to state whether it is intended to call any witnesses as to fact other than the Accused himself.
DATED AND SIGNED AT MURANG’A THIS 25TH DAY OF FEBRUARY 2016
H.P.G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 26TH DAY OF FEBRUARY 2016