[2019] KEHC 4878 (KLR)
The court found that the prosecution's evidence, including the testimonies of eight witnesses, was sufficient to establish a prima facie case against the accused. The accused was placed at the scene of the crime, and the evidence presented was adequate to require the accused to answer to the charge of murder....
Source-derived case information.
- Citation
- [2019] KEHC 4878 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Mwania Ngwili
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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
Jackson Mwania Ngwili
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence presented sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimonies of eight witnesses, was sufficient to establish a prima facie case against the accused. The accused was placed at the scene of the crime, and the evidence presented was adequate to require the accused to answer to the charge of murder. Consequently, the court ruled that the accused should be placed on his defence under Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on 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
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO. 13 OF 2018
REPUBLIC...............................................................................PROSECUTION
VERSUS
JACKSON MWANIA NGWILI.......................................................ACCUSED
RULING
1. The accused stands charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The prosecution presented eight (8) witnesses to support its case. The witnesses have explained what they each did, heard and/or saw.
3. Mr. Mathenge for the accused has submitted that the evidence is not sufficient to establish a prima facie case. He argues that the deceased was the aggressor.
4. I have considered all the evidence plus the submissions. The accused has been placed at the scene.
5. I am satisfied that there is sufficient evidence to make this court place the accused on his defence which I hereby do under Section 306 (2) Criminal Procedure Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 6TH DAY OF AUGUST 2019, IN OPEN COURT AT MAKUENI.
...........................
H. I. ONG’UDI
JUDGE