[2020] KEHC 4767 (KLR)
The court found that the prosecution's evidence, including testimonies from nine witnesses who were either present at the scene or interacted with the deceased, was 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...
Source-derived case information.
- Citation
- [2020] KEHC 4767 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Muia Munyao
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case148 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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 Muia Munyao
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including testimonies from nine witnesses who were either present at the scene or interacted with the deceased, was 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 court did not make a determination on guilt but ruled that the evidence required the accused to respond to the charge of murder.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO.148 OF 2017
FORMERLY MACHAKOS HCCRC. NO.63 OF 2015
REPUBLIC........................PROSECUTION
-VERSUS-
JOSEPH MUIA MUNYAO........ACCUSED
RULING
1. Joseph Muia Munyaothe accused herein is facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. He is accused of killing James Vaati Cosmas.
2. The prosecution called a total of nine (9) witnesses. Pw1 to Pw4 were with the accused and deceased on the material night at a bar in Ulu trading centre. They have testified and stated what they heard and saw on the said night.
3. The rest of the witnesses have also stated what they know. Some of them had their last moments with the deceased and they have stated what he allegedly told them.
4. I have considered all the evidence adduced. 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.
Orders accordingly.
Delivered, signed & dated this 25th day of June 2020, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge