[2017] KEHC 2466 (KLR)
The court found that the prosecution's evidence, including the circumstances of the deceased being found burning at the accused's homestead and the autopsy confirming the cause of death, established a prima facie case of murder against the accused. The accused's explanation did not sufficiently rebut the...
Source-derived case information.
- Citation
- [2017] KEHC 2466 (KLR)
- Parties
- Applicant: Republic; Defendant: Frank Wambua Kalili
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- 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
Frank Wambua Kalili
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including the circumstances of the deceased being found burning at the accused's homestead and the autopsy confirming the cause of death, established a prima facie case of murder against the accused. The accused's explanation did not sufficiently rebut the prosecution's case at this stage. 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 called upon to defend himself 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 79 OF 2015
REPUBLIC.........................................PROSECUTOR
VERSUS
FRANK WAMBUA KALILI........................ACCUSED
R U L I N G
1. Frank Wambua Kalili, hereinafter “The Accused” is charged with the offence of Murder contrary to Section 203 as read with Section 204of the Penal Code (Cap.63), Laws of Kenya. Particulars being that on the 21st day of June, 2011 at around 11. 00pm at Mitila village, Kyangunga Sub-Location, Mulango LocationinKitui DistrictwithinKitui County murdered MUTHUI MAUNDU(deceased).
2. Facts are that the deceased was found in a hole burning at the homestead of the Accused. An explanation was given by the Accused that he was attacked. Evidence pointed at him as the perpetrator of the Act that resulted into the death of the deceased that was confirmed by the doctor who performed the autopsy.
3. At the close of the prosecution’s case a prima facie case was established that require the Accused to be called upon to defend himself pursuant to the provisions of Section 306(2) of the Criminal Procedure Codewhich I hereby do.
4. It is so ordered.
5. Dated, Signed and Deliveredat Kitui this 31stday of October 2017.
L. N. MUTENDE
JUDGE