[2021] KEHC 1896 (KLR)
The court found that the prosecution's evidence, if believed, is sufficient to establish a prima facie case against the accused for the offence of murder. The court is not required at this stage to determine the credibility or conclusiveness of the evidence, but only whether there is a case for the accused to...
Source-derived case information.
- Citation
- [2021] KEHC 1896 (KLR)
- Parties
- Defendant: Henry Kaithia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2021
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- TW Cherere
- 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
Henry Kaithia
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, if believed, is sufficient to establish a prima facie case against the accused for the offence of murder. The court is not required at this stage to determine the credibility or conclusiveness of the evidence, but only whether there is a case for the accused to answer. Accordingly, the accused is called upon to defend himself as provided under 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 as provided under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO. E020 OF 2021
BETWEEN
REPUBLIC........................................................PROSECUTOR
AND
HENRY KAITHIA...................................................ACCUSED
RULING
1. HENRY KAITHIA (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on the 02nd February, 2021 at Shauri Yako slums within Mutuati Township Amwathi 1, sub-location, in Igembe North sub-county within Meru County murdered JULIUS MITHIKA.
2. The accused person denied committing the offence and the prosecution called a total of 5(five) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
4. Having considered the evidence tendered by the four prosecution witnesses I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.
5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS25thDAY OFNovember2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused persons - Mr. Sandi Advocate
For the State - Ms. Mwaniki