[2009] KEHC 2993 (KLR)
The court found that the prosecution, through the evidence of eight witnesses, had established a prima facie case against the accused, Geoffrey Ngugi Mwangi, for the offence of murder as charged under Sections 203 and 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on...
Source-derived case information.
- Citation
- [2009] KEHC 2993 (KLR)
- Parties
- Applicant: Republic; Respondent: Geoffrey Ngugi Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 91 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Ngugi Mwangi
Respondent
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.
- 2 What are the rights of the accused at the close of the prosecution case in a murder trial.
Ratio Decidendi
The court found that the prosecution, through the evidence of eight witnesses, had established a prima facie case against the accused, Geoffrey Ngugi Mwangi, for the offence of murder as charged under Sections 203 and 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the accused's rights at this stage: to give a sworn statement and be cross-examined, to make an unsworn statement without cross-examination, to call witnesses, or to remain silent. The ruling did not determine guilt but required the accused to respond to the prosecution's case.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
- Defence case to be heard on 30th July, 2009.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Case 91 of 2006
REPUBLIC....................................................................APPLICANT
-VS-
GEOFFREY NGUGI MWANGI............................................................RESPONDENT
RULING
The accused has been charged for the offence of murder, contrary to Section 203 as read with 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence as stated on the information are as follows:
“On the night of 10th and 11th July, 2006 at Mutomo Village in Thika District within Central Province, murdered TERESIA NJERI MWANGI.”
After carefully perusing the evidence of the 8 witnesses, I hereby find that the prosecution has established a prima facie case against the accused to require him to be put on his defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused has the option to address the court either personally or by his advocate. In the event that the accused opts to give a sworn statement, then he will be subjected to cross-examination. The accused also has a right to call any number of witnesses in his defence.
Secondly, the accused has a right to make an unsworn statement and call witnesses to his defence. In the event that the accused exercises the second option, he will not be subjected to any cross-examination.
Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel to sum up the case against the accused person. Consequently, the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of the accused and
Mrs. Tuta…………… ……..State Counsel
Kihara ………………………. For Accused
MUGA APONDI
JUDGE
29TH JUNE, 2009
Court:
Defence case will be heard on 30th July, 2009. Accused remanded in custody.
MUGA APONDI
JUDGE
29TH JUNE, 2009