[2007] KEHC 3491 (KLR)
The court found that the prosecution had established a prima facie case against the accused based on the dying declaration of the deceased, who identified the accused as his assailant, and corroborative circumstantial evidence, including a blood trail from the deceased's house to the accused's house and the...
Source-derived case information.
- Citation
- [2007] KEHC 3491 (KLR)
- Parties
- Applicant: Republic; Defendant: James Njue Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2003
- Procedural Posture
- Criminal Case / Ruling on Section 306 (prima Facie Case)
- Outcome
- Accused to be put on his defence.
- Legal Topics
- Prima Facie Case, Circumstantial Evidence, Dying Declaration, 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 Njue Njiru
Defendant
Procedural Posture
Criminal Case / Ruling on Section 306 (prima Facie Case)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether the evidence, including the dying declaration and circumstantial evidence, is sufficient to warrant the accused to be called upon to defend himself.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused based on the dying declaration of the deceased, who identified the accused as his assailant, and corroborative circumstantial evidence, including a blood trail from the deceased's house to the accused's house and the accused's presence at the scene prior to the death. The court held that these facts, taken together, were sufficient to require the accused to be put on his defence. The court therefore declined to enter a finding of not guilty under Section 306(1) of the Criminal Procedure Code and informed the accused of his right to defend himself, either by giving sworn or unsworn evidence and by...
Court Disposition
Accused to be put on his defence.
Orders
- Accused to give sworn statement and call 2 witnesses.
- Hearing date for defence case fixed for 22/1/2008.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Criminal Case 14 of 2003
REPUBLIC………………………………..……………………..PROS
VERSUS
JAMES NJUE NJIRU…………………………………….ACCUSED
RULING ON SECTION 306
The counsel for the accused has made strong submissions that the prosecution has not shown a prima facie case against the accused. Criminal Procedure Code Section 306 (1) states if the court considers that there is no evidence that the accused committed the offence shall record a finding of not guilty. Or if it considers that there is evidence that the accused person committed the offence shall inform him of his right to defend himself.
The evidence in this case is that the deceased did say to PW1 that he was stabbed by the accused. PW1 informed other witness and it was explained that the name Jimmy was of accused who is called in the information as “James Njue Njiru”. Thereafter circumstantial evidence is that there was blood trailing leading from where deceased was lying to the accused house. There was a trail from deceased house to accused house. The accused was at the scene at the time before death. This is a family matter and there is no reason to say that witness had reasons and lies against accused.
It is my finding that there is circumstantial evidence together with the dying declaration all pointing to the accused as the person who committed the offence. I do not enter a plea of not guilty. The accused has right to defend himself, he may give evidence on oath or make unsworn statement and he may call witnesses to testify on his behalf. Accused through counsel, Accused shall give sworn statement and call 2 witnesses.
That is all.
Hearing date for defence case is fixed for 22/1/2008. Accused remanded in custody. Production Order to issue. Assessors to be notified.
Dated this 23rd October, 2007
J. N. KHAMINWA
JUDGE
23/10/2007
Khaminwa –Judge
Njue – Clerk
Mr. Oundo for Accused
Mr. Kimathi – Accused
Assessors present in the morning.
Ruling read in open court.
J. N. KHAMINWA
JUDGE