[2010] KEHC 494 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Henry Mburu Gitata, for the offence of murder. This finding was based on the evidence of six prosecution witnesses, including the investigating officer and the doctor who conducted the postmortem. The court held that the...
Source-derived case information.
- Citation
- [2010] KEHC 494 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Mburu Gitata
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Judges
- MJA Emukule
- 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
Henry Mburu Gitata
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence adduced meets the threshold for a case to answer under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Henry Mburu Gitata, for the offence of murder. This finding was based on the evidence of six prosecution witnesses, including the investigating officer and the doctor who conducted the postmortem. The court held that the evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The accused was therefore informed of his statutory rights regarding the manner of giving his defence and called upon to indicate his choice.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is placed on his defence for the charge of murder.
- The accused is to indicate which statutory right of defence he intends to exercise.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 48 OF 2008
REPUBLIC………...……………………………………………………….......................………………..PROSECUTOR
VERSUS
HENRY MBURU GITATA……………………………………….…................................………………………ACCUSED
RULING
The Accused HENRY MBURU GITATA is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code,(Cap. 63, Laws of Kenya).
The particulars of the offence are that the accused Henry Mburu Gitata on the 3rd April 2008 at Mau Narok Bondeni Estate in Nakuru District of the Rift Valley Province, jointly with another not before the court murdered Patrick Kariuki Ndegwa.
The Accused pleaded not guilty and the prosecution called six (6) witnesses including the investigating officer and the doctor who carried out the postmortem upon the body of the deceased.
In my view the prosecution have established aprima facie case to require the accused to be placed on his defence and therefore find that the accused has a case to answer on the charge of murder of the deceased, Henry Mburu Gitata.
The accused is reminded of his statutory rights under Section 306 of the Criminal Procedure Code(Cap. 75, Laws of Kenya) to give evidence on oath and be subjected to cross-examination, or to give an unsworn statement and be not liable to cross-examination, and to call witnesses. The accused may also opt to remain silent.
The accused through his Advocate on record is called upon to indicate which of those rights he intends to exercise.
Dated, delivered and signed at Nakuru this 10th day of December 2010
M. J. ANYARA EMUKULE
JUDGE