[2020] KEHC 8844 (KLR)
The court found that the prosecution, through the testimony of seven witnesses and the post mortem report confirming death by severe head injury due to blunt trauma, had established a prima facie case against both accused persons. The court held that the circumstantial nature of the evidence did not weaken the...
Source-derived case information.
- Citation
- [2020] KEHC 8844 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackline Nthenya Uhuru; Defendant: John Wambua Munyao
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Both accused placed on their defence under Section 306(2) Criminal Procedure Code.
- Legal Topics
- Murder, Circumstantial Evidence, 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
Jackline Nthenya Uhuru
Defendant
John Wambua Munyao
Defendant
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence presented, though circumstantial, is sufficient at this stage of the proceedings.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses and the post mortem report confirming death by severe head injury due to blunt trauma, had established a prima facie case against both accused persons. The court held that the circumstantial nature of the evidence did not weaken the prosecution's case at this stage. Consequently, both accused were placed on their defence under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Both accused placed on their defence under Section 306(2) Criminal Procedure Code.
Orders
- Both the 1st and 2nd accused are placed on their defence under Section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 79 OF 2017
FORMERLY MACHAKOS HCCR 79 OF 2015
REPUBLIC.........................................................................................PROSECUTION
VERSUS
JACKLINE NTHENYA UHURU.......................................................1ST ACCUSED
JOHN WAMBUA MUNYAO .............................................................2ND ACCUSED
RULING
1. Jackline Nthenya UhuruandJohn Wambua Munyao who are 1st and 2nd accused stand charged with the offence of murder contrary to section 203 as read with section 204 Penal Code. The deceased was Michael Makeni Nduva.
2. The Prosecution presented seven (7) witnesses to the court to support its case. It is clear that the evidence is clearly circumstantial but that in itself does not weaken the prosecution case. I have considered the said evidence plus the submissions by Mr. Hassan for the accused.
3. The post mortem report (EXB1) shows the cause of death as severe head injury, secondary to blunt trauma. It therefore confirms that the death was not natural.
4. I am satisfied that the prosecution has made out a prima facie case against both the 1st and 2nd accused persons who I hereby place on their defence under Section 306(2) Criminal Procedure Code.
Orders accordingly.
Delivered, signed & dated this 22nd day of January 2020, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge