[2017] KEHC 5249 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if left unchallenged, could result in a conviction. Therefore, the accused persons have a case to answer and are required to present their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court informed the...
Source-derived case information.
- Citation
- [2017] KEHC 5249 (KLR)
- Parties
- Applicant: Republic; Defendant: James Mwangi Gatimu; Defendant: Dennis Kaniaru Wangui
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and called upon to present their defence.
- Judges
- MM Kasango
- Legal Topics
- Murder Charge, 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 Mwangi Gatimu
Defendant
Dennis Kaniaru Wangui
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on their defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would warrant a conviction.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if left unchallenged, could result in a conviction. Therefore, the accused persons have a case to answer and are required to present their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court informed the accused of their rights to address the court, give evidence, make unsworn statements, or call witnesses in their defence.
Court Disposition
Accused persons found to have a case to answer and called upon to present their defence.
Orders
- The accused are informed of their right to address the court, give evidence, make unsworn statements, or call witnesses in their defence as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO. 36 OF 2016
REPUBLIC ……………………......………..PROSECUTOR
versus
JAMES MWANGI GATIMU ……....…………1st ACCUSED
DENNIS KANIARU WANGUI …......…...… 2nd ACCUSED
RULING
1. The accused person JAMES MWANGI GATIMU and DENNIS KANIARU WANGUI are charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. They pleaded not guilty.
2. The prosecution called five witnesses and concluded submitting its evidence and closed its case. This calls upon this court to consider whether the accused have a case to answer as provided under Section 306 of the Criminal Procedure Code Cap 75. In the case REPUBLIC – V- JOSEPH SHITANDI & ANOTHER [2014] eKLR the prosecution having closed its case the Judge in considering whether the accused had a case to answer stated:
“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.”
At the close of the prosecution’s case, therefore, the court if it finds that the prosecution’s evidence could not lead to a conviction, then the accused should be acquitted. If however the court finds that the prosecution’s evidence suffices then the accused will be called to defend themselves.
3. In this case I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend themselves Accordingly as per Section 306 (2) of Cap 75 the accused are informed that they have a right to address the court, either personally or by his advocate and to give evidence on their own behalf, or to make unsworn statement, and to call witnesses in their defence. The accused are now called upon to make their election on how they shall present their defence.
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
1st Accused: James Mwangi Gatitu
2nd Accused: Dennis Kaniaru Wangui
For accused……………………………….
For state: ………………………………
Language …………………………………
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE