[2021] KEHC 4076 (KLR)
The court found that the prosecution had established a prima facie case against the accused, James Wainaina Kamau, for the offence of murder. This finding was based on the evidence of six witnesses, which, if believed, could support a conviction. The court applied the test from R. T. Bhatt v R {1957} EA and the...
Source-derived case information.
- Citation
- [2021] KEHC 4076 (KLR)
- Parties
- Applicant: Republic; Defendant: James Wainaina Kamau
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 01 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- DB Nyakundi
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Malice Aforethought
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Wainaina Kamau
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 him being put on his defence.
- 2 Whether the evidence adduced proves the elements of murder as defined under the Penal Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, James Wainaina Kamau, for the offence of murder. This finding was based on the evidence of six witnesses, which, if believed, could support a conviction. The court applied the test from R. T. Bhatt v R {1957} EA and the requirements of Section 306 of the Criminal Procedure Code, concluding that the prosecution had discharged its burden at this stage. Consequently, the accused was called upon to state his defence.
Court Disposition
Accused put on his defence.
Orders
- The accused is called upon to state his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL CASE NO. 01 OF 2017
REPUBLIC.................................................PROSECUTION
VERSUS
JAMES WAINAINA KAMAU..........................ACCUSED
Coram: Hon. Justice R. Nyakundi
Mr. Mwangi for the state
Mr. Gekanana advocate for the accused person
RULING
The accused person James Wainaina Kamau was indicted with the offence of murder contrary to Section 203 and 204 of the Penal Code. From the brief history, its alleged that on 15. 6.2015, at Baharini village in Lamu West, the accused murdered John Kiritu Wainaina.
Accused being represented by Mr. Gekanana advocate pleaded not guilty to the charge. While Mr. Mwangi, prosecution counsel appeared for the state. In support of the charge, the prosecution summoned attendance of six (6) witnesses to proof the following elements:
(1). The deceased is dead.
(2). That the cause of death was unlawful.
(3). That in causing death the perpetrators had malice aforethought.
(4). That the accused person participated in the murder of the deceased.
At the close of the prosecution case, the following statutory provisions under Section 306 of the Criminal Procedure Code became relevant on review of the evidence of the seven (7) witnesses I am satisfied that in consonant with the principles in R. T. Bhatt v R {1957} EA the prosecution has discharged the burden of a primafacie case.
As a matter of Law and fact I call upon the accused person to state his defence.
DATED, SIGNED AND DELIVERED AT GARSEN THIS 15TH DAY OF SEPTEMBER 2021
...........................
R. NYAKUNDI
JUDGE
In the presence of:
1. The Accused person
2. Mr. Mwangi for DPP