[2016] KEHC 3209 (KLR)
The court found that the prosecution, through the testimony of eight witnesses and the post-mortem report, had established that the accused and the deceased engaged in a fight during which the deceased was stabbed and subsequently died from bleeding. The evidence presented was sufficient to establish a prima facie...
Source-derived case information.
- Citation
- [2016] KEHC 3209 (KLR)
- Parties
- Applicant: Republic; Defendant: James Maina Kimani alias Jimmy
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; to be put on his defence.
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, Defence Election
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Maina Kimani alias Jimmy
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 by the prosecution is sufficient to require the accused to make an election on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses and the post-mortem report, had established that the accused and the deceased engaged in a fight during which the deceased was stabbed and subsequently died from bleeding. The evidence presented was sufficient to establish a prima facie case of murder against the accused. Consequently, the court ruled that the accused must be put on his defence in accordance with Section 306 of the Criminal Procedure Code, allowing him to elect the manner of his defence. The ruling was based on the legal standard that, at the close of the prosecution case, the court must determine whether there is sufficient evidence to require...
Court Disposition
Accused found to have a case to answer; to be put on his defence.
Orders
- The accused is found to have a case to answer and is required to make an election on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.28 OF 2010
REPUBLIC................................................PROSECUTOR
VERSUS
JAMES MAINA KIMANI ALIAS JIMMY................................................. ACCUSED
RULING
The accused James Maina Kimani alias Jimmyis facing trial for the murder of one Samuel Gichimu Waruta. The offence is alleged to have been committed on 17th May 2010 at about 6. 30p.m. at Namis Pub in Gitambaa village of Thika District within Central Province.
The prosecution has called 8 witnesses. The facts of the case as narrated by the prosecution witnesses are that the deceased and the accused engaged in a fight in which the deceased was stabbed. The post-mortem report shows that the deceased bled to death. At the close of the prosecution case, both the prosecution and defence counsel tendered submissions. I have carefully considered the evidence and the submissions now on record.
I have come to the conclusion that the prosecution has established a prima facie case against he accused. He is at liberty to make an election on his defence in accordance with Section 306 of the Criminal procedure Code.
Orders accordingly.
Ruling delivered, dated and signedatNairobithis 11thday ofMay, 2016.
R. LAGAT-KORIR
JUDGE
In the presence of:-
…………………………: Court clerk
…………………………: Accused
…………………………: For accused
…………………………: For State