[2018] KEHC 2887 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if believed, could support a conviction. Applying the test from Bhatt v R, the judge determined that a reasonable tribunal could convict on the evidence presented. Therefore, both accused persons were found to have a case to answer and were...
Source-derived case information.
- Citation
- [2018] KEHC 2887 (KLR)
- Parties
- Applicant: Republic; Defendant: Jane Wanja Mwaura; Defendant: Nicholas Githu Kibuiya
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2016
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Both accused persons found to have a case to answer and put on their defence.
- Judges
- EM Ngugi
- Legal Topics
- Murder, No Case to Answer, Burden of Proof, Malice Aforethought
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jane Wanja Mwaura
Defendant
Nicholas Githu Kibuiya
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused persons to be put on their defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if believed, could support a conviction. Applying the test from Bhatt v R, the judge determined that a reasonable tribunal could convict on the evidence presented. Therefore, both accused persons were found to have a case to answer and were put on their defence.
Court Disposition
Both accused persons found to have a case to answer and put on their defence.
Orders
- Both accused persons are put on their defence.
- The case shall be set down for defence hearing.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL CASE NO. 30 OF 2016
REPUBLIC..........................................................................PROSECUTOR
VERSUS
JANE WANJA MWAURA...................................................1ST ACCUSED
NICHOLAS GITHU KIBUIYA.........................................2ND ACCUSED
RULING ON NO CASE TO ANSWER
1. The two Accused Persons, Jane Wanja Mwaura and Nicholas Githu Kibuiya, are charged with murder contrary to section 203 of the Penal Code as read together with section 204 of the Penal Code. It is alleged that the two Accused Persons, jointly with others not before the Court, unlawfully and with malice aforethought killed Joseph Kiarie Njau (“Deceased”) on the night of 26-27/05/2015 at Gathiru-ini Village of Githunguri District within Kiambu County.
2. The Prosecution presented ten (10) witnesses in a bid to establish its case beyond reasonable doubt. The Prosecution’s theory is that the 1st Accused Person, who was a wife to the Deceased, conspired with the 2nd Accused Person, to get rid of her husband through murder.
3. At this stage in the proceedings, the Court is required to make a finding whether the Prosecution has presented sufficient evidence to require the Accused Persons to be put on their defence or whether the case should be stopped at this point. The test to be utilized is the famous one stated in Bhatt –vs- R [1957] EA 332:whether, as a matter of law – without taking any conclusive view of the credibility and probative value of the evidence presented – the Prosecution has adduced reasonable sufficient evidence of the matter in respect of which it has the burden of proof. Reasonable sufficient evidence is one which a reasonable tribunal could convict.
4. In my view, the Prosecution has placed enough material to make this a fit case to require the Accused Persons to respond to the evidence adduced.
5. Consequently, the Court finds that both Accused Persons have a case to answer and puts them on their defence.The case shall be set down for defence hearing.
Delivered at Kiambu this 26th day of October, 2018.
..........................
JOEL NGUGI
JUDGE