[2021] KEHC 3274 (KLR)
The court found that the prosecution's evidence, including the testimony of the accused's mother (PW1), the observations of PW2, and the postmortem report produced by PW8, established a prima facie case against the accused. The evidence showed that the accused was present at the scene, had a quarrel with PW1, and...
Source-derived case information.
- Citation
- [2021] KEHC 3274 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaiah Gitau Mburu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether to Place Accused on Defence
- Outcome
- Accused placed on his defence.
- Judges
- K Kimondo
- 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
Republic
Applicant
Isaiah Gitau Mburu
Defendant
Procedural Posture
Criminal Case / Ruling on Whether to Place Accused on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence under section 306(2) of the Criminal Procedure Code.
- 2 Whether the evidence adduced links the accused to the murder of Morrison Mburu Ng’ang’a.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of the accused's mother (PW1), the observations of PW2, and the postmortem report produced by PW8, established a prima facie case against the accused. The evidence showed that the accused was present at the scene, had a quarrel with PW1, and allegedly assaulted both PW1 and the deceased, resulting in fatal injuries to the deceased. The court applied the principles from Bhatt v Republic and R v Kipkering arap Koske & another, holding that the evidence was sufficient to require the accused to be put on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 13 OF 2013
REPUBLIC.............................................................................PROSECUTOR
VERSUS
ISAIAH GITAU MBURU...............................................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on 11th August 2013 at Gatumbo village in Murang’a South District within Murang’a County, he murdered Morrison Mburu Ng’ang’a.
3. He pleaded notguilty. The prosecution called eightwitnesses.
4. Does the evidence disclose a prima facie case sufficient to place the accused on his defence? Learned counsel for the accused filed submissions on 12th August 2021. In his view, the accused should be acquitted at this stage. The Republic opted not to file submissions.
5. I have paid close attention to the evidence of PW1. She is the mother of the accused. The deceased is her husband. She testified that on the material night, the accused quarreled with her over food. The accused stepped out and returned with a rungu or a panga and either hit her or cut her on the forehead. When the deceased enquired about the matter, the accused also cut him on the head. I am alive that her version of events and her two statements to the police are in issue.
6. But there is also the evidence of PW2, who found PW1 and the deceased injured and bleeding from their heads. According to the postmortem Report produced by PW8 under section 77 of the Evidence Act the deceased died from “severe head injury due to blunt force injuries consistent with assault”.
7. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the eightwitnesses, I find that the Republic has established a prima facie case against the accused.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 12TH DAY OF OCTOBER 2021.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of:
The accused.
Mr. J. Kagwi for the accused.
Ms. A. Gakumu for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.