[2013] KEHC 3897 (KLR)
The court found that the prosecution had called 12 witnesses whose evidence was clear and sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the...
Source-derived case information.
- Citation
- [2013] KEHC 3897 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Kamande Gatheya
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on defence
- Legal Topics
- Murder Charge, 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
Respondent
Joseph Kamande Gatheya
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 his being placed on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had called 12 witnesses whose evidence was clear and sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the defence or make any findings on the guilt or innocence of the accused, but was limited to determining whether the prosecution's evidence met the threshold to require the accused to respond to the charge.
Court Disposition
accused placed on defence
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Criminal Case 2 of 2010 [if gte mso 9]><xml>
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REPUBLIC.......................................................................PROSECUTION
VERSUS
JOSEPHKAMANDE GATHEYA.............................................ACCUSED
R U L I N G
Accused faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The Prosecution called 12 witnesses. Their evidence is very clear. I am satisfied that the Prosecution has established a prima facie case against the accused who I hereby place on his defence under Section 306(2) of the Criminal Procedure Code.
DELIVERED, DATED AND SIGNED AT EMBU THIS 25TH DAY OF APRIL 2013.
H.I. ONG’UDI
JUDGE
In the presence of:-
Mr. Miiri for State
Ms. Muthoni for Ithiga for Accused
Accused
Njue CC
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