[2014] KEHC 2793 (KLR)
The court found that the prosecution's evidence, if believed, would be sufficient to support a conviction for murder. The act causing the death occurred in broad daylight and was witnessed by many people, and the medical evidence established the cause of death as hemorrhage shock/spinal shock secondary to assault....
Source-derived case information.
- Citation
- [2014] KEHC 2793 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Munyao Nguku
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence; prima facie case established.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Munyao Nguku
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 warrant putting him on his defence.
- 2 Whether the evidence adduced is sufficient to require an explanation from the accused.
Ratio Decidendi
The court found that the prosecution's evidence, if believed, would be sufficient to support a conviction for murder. The act causing the death occurred in broad daylight and was witnessed by many people, and the medical evidence established the cause of death as hemorrhage shock/spinal shock secondary to assault. Applying the standard from Ramanlal T. Bhatt v Republic, the court held that a prima facie case had been made out against the accused, necessitating that he be put on his defence under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused put on his defence; prima facie case established.
Orders
- The accused is put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
No. 377/14
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 44 OF 2008
REPUBLIC......................................................PROSECUTOR
VERSUS
GEOFFREY MUNYAO NGUKU..............................ACCUSED
RULING
1. The accused, Geoffrey Munyao Nguku is charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the 31st day of July, 2007 at Kyaani Village, Liyuni Sub-location, of Machakos District within the Eastern Province Murdered Philip Ngui Mwamote.
2. An analysis of the evidence adduced clearly establishes the fact that the act causing the death of the deceased was committed in broad daylight in the presence of many people. The cause of death has been stated as hemorrhage shock/ spinal shock secondary to an assault.
3. This is a case where a tribunal, properly directing its mind based on evidence adduced so far would return a verdict of guilty even if no explanation is rendered in defence. (See Ramanlal T. Bhatt versus Republic [1957] E.A. 332).
4. In the result, I am persuaded that a prima facie case has been established requiring the accused to be put on his defence pursuant to the provisions of Section 306 (2) of the Criminal Procedure Code.
5. It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this9THday of SEPTEMBER, 2014.
L.N. MUTENDE
JUDGE