[2014] KEHC 4712 (KLR)
The court found that the prosecution had established a prima facie case against the accused, John Waweru Kagiri alias Jono, based on the evidence presented, particularly the eyewitness testimony of PW1 who saw the accused stab the deceased and who knew both parties. The court held that this evidence was sufficient...
Source-derived case information.
- Citation
- [2014] KEHC 4712 (KLR)
- Parties
- Applicant: Republic; Defendant: John Waweru Kagiri alias Jono
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused found to have a case to answer; required to make his defence
- Judges
- CC Kipkorir
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Waweru Kagiri alias Jono
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's 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 presented by the prosecution is sufficient to require the accused to answer the charge of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, John Waweru Kagiri alias Jono, based on the evidence presented, particularly the eyewitness testimony of PW1 who saw the accused stab the deceased and who knew both parties. The court held that this evidence was sufficient to require the accused to be put on his defence as per Section 306 of the Criminal Procedure Code. The submissions by the defence, which challenged the sufficiency and credibility of the prosecution's case, were not persuasive enough at this stage to warrant an acquittal. Therefore, the accused was found to have a case to answer and was required to make his defence.
Court Disposition
accused found to have a case to answer; required to make his defence
Orders
- The accused, John Waweru Kagiri alias Jono, is found to have a case to answer and is required to make his defence as per Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 26 OF 2012
REPUBLIC…………………………………….PROSECUTOR
VERSUS
JOHN WAWERU KAGIRI ALIAS JONO…………. ACCUSED
RULING
The accused, John Waweru KagirialiasJono is facing trial for the murder of Nicholas Kyalo Kivuva. He is alleged to have committed the offence on 25th day of February 2011 at Kibera Line Saba in Lang’ata District withinNairobi County. He denied the charge when arraigned in court on 23rd April 2012.
The prosecution has called a total of 7 witnesses. At the close of the prosecution’s case both the prosecution and the defence filed written submissions which they subsequently highlighted.
The prosecution has urged the court to find that the accused has a case to answer. It has summarized the evidence presented in court by the prosecution witnesses. It is the prosecution’s submission that the accused was seen by PW1 stabbing the deceased. PW1 not only gave an eye witness account of the incident but also knew both the accused and the deceased previously.
The defence on its part has filed submissions urging the court to acquit the accused for want of sufficient evidence. It is their submission that the prosecution’s case is built on mere suspicion not supported by evidence and that no effort was made to conduct a credible investigation and prosecution.
Having carefully considered and analysed all the evidence on record as well as the submissions made by both the prosecution and the defence, I find that the prosecution has established a prima facie case to warrant putting the accused on his defence. I find the accused John Waweru Kagiri alias Jono has a case to answer. I require him to make his defence as per Section 306 of the Criminal Procedure Code.
Ruling deliveredat Nairobi this 27th day of May, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………..: Court clerk
……………………………. : Accused
……………………………..: For the Accused
……………………………..: For the State