[2019] KEHC 880 (KLR)
The court found that the prosecution had established the fact of death and adduced sufficient evidence implicating the accused in the murder of the deceased. Consequently, the court ruled that a prima facie case had been made out against the accused, requiring him to be put on his defence in accordance with Section...
Source-derived case information.
- Citation
- [2019] KEHC 880 (KLR)
- Parties
- Applicant: Republic; Defendant: James Mushoki Mutinda
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Mushoki Mutinda
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced establishes the fact of death and links the accused to the offence.
Ratio Decidendi
The court found that the prosecution had established the fact of death and adduced sufficient evidence implicating the accused in the murder of the deceased. Consequently, the court ruled that a prima facie case had been made out against the accused, requiring him to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The decision was based on the legal standard that, at the close of the prosecution's case, the evidence must be such that a reasonable tribunal could convict if the accused chose to remain silent. The court was satisfied that this threshold had been met, and thus the accused was called upon to render evidence in his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is called upon to render evidence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 2 OF 2017
REPUBLIC...........................................................................PROSECUTOR
VERSUS
JAMES MUSHOKI MUTINDA...................................................ACCUSED
R U L I N G
1. James Mushoki Mutinda,the Accused, is charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 29thday of December, 2016at Kanyangi Location, Lower Yatta Sub-Countywithin Kitui Countymurdered Wambua Ngwava(Deceased).
2. At the close of the Prosecution’s case the fact of death was established and sufficient evidence was adduced requiring the Accused to give an explanation of what transpired.
3. Therefore, I call upon the Accused to render evidence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.
4. It is so ordered.
Dated, Signed and Delivered at Kitui this 19th day of November, 2019.
L. N. MUTENDE
JUDGE