[2019] KEHC 7044 (KLR)
Upon careful consideration of the evidence adduced by the prosecution, including the testimony of eleven witnesses, the court finds that there is sufficient evidence supporting the charge of murder against the accused. Applying the test for a prima facie case as articulated in Ramanlal Bhatt v R and guided by...
Source-derived case information.
- Citation
- [2019] KEHC 7044 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremy Kiogora Mbae
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- F Gikonyo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jeremy Kiogora Mbae
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would justify a conviction.
Ratio Decidendi
Upon careful consideration of the evidence adduced by the prosecution, including the testimony of eleven witnesses, the court finds that there is sufficient evidence supporting the charge of murder against the accused. Applying the test for a prima facie case as articulated in Ramanlal Bhatt v R and guided by Section 306 of the Criminal Procedure Code, the court is satisfied that a reasonable tribunal, properly directing its mind to the law and the evidence, could convict the accused if no explanation is offered by the defence. Therefore, the accused is found to have a case to answer and is accordingly placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence and informed of his rights under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 34 OF 2014
REPUBLIC............................................PROSECUTOR
VERSUS
JEREMY KIOGORA MBAE....................ACCUSSED
RULING
1. The Accused herein has been charged with murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particulars of the offence are that on 19th May 2014 at Kiringa Location in Imenti South District within Meru County jointly with others not before the Court murdered Rosemary Gacheri.
3. At this stage, the task of the court is to determine whether or not the prosecution has established a prima facie case against the accused as to call upon him to enter his defence. See Section 306 of the Criminal Procedure Code which provides that:-
306. (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.
(3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence.
4. A Prima facie case has been said to be;
‘’…one which a reasonable tribunal properly directing its mind to the law and the evidence would convict if no explanation is offered by the defence’’. See RAMANLAL BHATT vs. R (1957) EA 332(CA)
5. During the hearing the prosecution called eleven (11) witnesses. And upon careful consideration of the evidence adduced, I find there is evidence that supports the charge against the accused person, Accordingly, I find that the accused person has a case to answer and is hereby placed to his defence.
6. The accused is duly informed of his right to address the court, either personally or by his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence. The accused person or his advocate shall now state whether it is intended to call any witnesses as to fact other than the accused person himself.
Dated, signed and delivered in open court on 10th June 2019
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F. GIKONYO
JUDGE
IN PRESENCE OF
M/s Njenga for Kiogora for accused
Accused Present –
Namiti for state
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F. GIKONYO
JUDGE