[2019] KEHC 5863 (KLR)
The court, after examining the evidence of seven prosecution witnesses, found that the accused persons were placed at the scene of the crime and that the prosecution's evidence was sufficient to establish a prima facie case against them. In accordance with Section 306(1) of the Criminal Procedure Code and the...
Source-derived case information.
- Citation
- [2019] KEHC 5863 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Juma Simiyu; Defendant: Emmanuel Simiyu Nyongesa; Defendant: Joseph Wanyonyi Nyongesa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2016
- Procedural Posture
- Criminal Murder Case / Ruling on Prima Facie Case Under Section 306(1) and (2) of the Criminal Procedure Code
- Outcome
- Accused persons to be placed on their defence.
- Judges
- JK Mulwa
- 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
Joseph Juma Simiyu
Defendant
Emmanuel Simiyu Nyongesa
Defendant
Joseph Wanyonyi Nyongesa
Defendant
Procedural Posture
Criminal Murder Case / Ruling on Prima Facie Case Under Section 306(1) and (2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be placed on their defence.
Ratio Decidendi
The court, after examining the evidence of seven prosecution witnesses, found that the accused persons were placed at the scene of the crime and that the prosecution's evidence was sufficient to establish a prima facie case against them. In accordance with Section 306(1) of the Criminal Procedure Code and the principle in Bhatt v Republic, the accused are required to be placed on their defence to answer the charge of murder. The absence of submissions from both sides did not affect the court's duty to evaluate the evidence and make a determination on whether a prima facie case had been established.
Court Disposition
Accused persons to be placed on their defence.
Orders
- The accused persons are placed on their defence under Section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT ATNAKURU
CRIMINAL MURDER CASE NO.62 OF 2016
REPUBLIC.........................................................................PROSECUTOR
VERSUS
JOSEPH JUMA SIMIYU...................................................1ST ACCUSED
EMMANUEL SIMIYU NYONGESA...............................2NDACCUSED
JOSEPH WANYONYI NYONGESA...............................3RD ACCUSED
RULING
Under Section 306(1) and (2) of the Criminal Procedure Code(Cap 75 Laws of Kenya)
The prosecution called seven(7) witnesses to prove the case of murder against the three accused persons who are charged with the offence of murder of one Francis Njuguna on the 15th October 2016 at Nyakinywa village, Njoro Sub-County within Nakuru County.
I have interrogated the evidence adduced by the witnesses. The three accused persons are placed at the scene of crime.
Both the prosecution and the defence did not tender any submissions on the matter as to whether the prosecution had, by its evidence, established a prima facie case against the accused persons.
Under Section 306(1) (2) of the Criminal Procedure Code (Cap 75) if the court is satisfied that there is no sufficient evidence to call upon an accused person to answer to the charge, a finding of not guilty ought to be entered, but if such evidence is sufficient and establishes a prima facie case, then the accused is required to answer by way of unsworn or sworn evidence.
Upon examination of the evidence, I am satisfied that a prima facie case has been established against the accused persons – Bhatt –vs- Republic (1957) IEA 332, to warrant them to be placed on their defence – under Section 306(1) of the Criminal Procedure Code.
It is so ordered.
Dated, delivered and signed at Nakuru this 26th Day of June 2019.
.........................
J.N. MULWA
JUDGE