[2022] KEHC 14466 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused, Peter Njuki Gitari, for the offence of murder. Applying Section 306 of the Criminal Procedure Code and the principles from Ramanlal Trambaklal Bhatt v R, the court determined that the evidence,...
Source-derived case information.
- Citation
- [2022] KEHC 14466 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Njuki Gitari
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- accused found to have a case to answer and placed on his defence
- Judges
- LM Njuguna
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Njuki Gitari
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's 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 is sufficient to require the accused to present a defence.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused, Peter Njuki Gitari, for the offence of murder. Applying Section 306 of the Criminal Procedure Code and the principles from Ramanlal Trambaklal Bhatt v R, the court determined that the evidence, if unchallenged, could sustain a conviction. Therefore, the accused was required to be put on his defence. The court emphasized that detailed reasons are not necessary at this stage unless the accused is acquitted, as per the guidance in Festo Wandera Mukando v Republic. Consequently, the accused was found to have a case to answer and was placed on his defence.
Court Disposition
accused found to have a case to answer and placed on his defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Gitari (Criminal Case 16 of 2019) [2022] KEHC 14466 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14466 (KLR)
Republic of Kenya
In the High Court at Embu
Criminal Case 16 of 2019
LM Njuguna, J
October 26, 2022
Between
Republic
Prosecution
and
Peter Njuki Gitari
Accused
Ruling
1. The accused person herein was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence being that on June 8, 2019 at Kabururi Village in Mbeere South Sub-County, within Embu County murdered Joseph Njuguna Gitari. Upon arraignment in court, he pleaded not guilty and a plea of not guilty was entered.
2. The case proceeded for trial and wherein the prosecution called Eight (8) witnesses in support of its case; after which the prosecution closed its case.
3. Under section 306 of theCriminal Procedure CodeCap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused persons committed the offence should, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
4. Under section 306(2) on the other hand, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is evidence that the accused person committed the offence, the court should proceed to put the accused person on his defence and whereby the accused is supposed to present evidence in his defence.
5. As such, at this stage, this court’s role is to consider the evidence on record and make a determination as to whether the same presents a prima facie case that would warrant this court to call upon the accused person to give his defence. Under Section 211 of the Criminal Procedure Code, a prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. [See Ramanlal Trambaklal Bhatt v R [1957] EA 332 at 334 and 335]. However, it is trite that, where the court is not acquitting the accused person at the close of prosecutions’ case, there is no need for a reasoned ruling for a case to answer. Reasons should only be given where the submissions of a no case to answer by the accused is upheld and the accused is to be acquitted. [See Festo Wandera Mukando v Republic [1980] KLR 103].
6. I have considered the evidence tendered by the prosecution in this matter as required of this court and from the entirety of the said evidence, it is my view that the prosecution has made up a prima facie case against the accused person. He therefore has a case to answer and he is placed on his defence.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 26TH DAY OF OCTOBER, 2022. L. NJUGUNAJUDGE……………………………………………..for the Accused………………………………………………….for the State