[2021] KEHC 5068 (KLR)
The court, after considering the evidence adduced by the prosecution, found that a prima facie case had been established against the accused persons. The evidence presented, if uncontroverted, would be sufficient to support a conviction. Therefore, in accordance with section 306 of the Criminal Procedure Code, the...
Source-derived case information.
- Citation
- [2021] KEHC 5068 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Njiru Muchiri; Defendant: John Nyaga Kithaka; Defendant: Joseph Namu Kariuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- LM Njuguna
- Legal Topics
- Murder Charge, Manslaughter Conviction, Prima Facie Case, Criminal Procedure, Plea Bargaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Njiru Muchiri
Defendant
John Nyaga Kithaka
Defendant
Joseph Namu Kariuki
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to present their defence.
Ratio Decidendi
The court, after considering the evidence adduced by the prosecution, found that a prima facie case had been established against the accused persons. The evidence presented, if uncontroverted, would be sufficient to support a conviction. Therefore, in accordance with section 306 of the Criminal Procedure Code, the accused persons are required to be put on their defence to answer to the charge of murder. The court emphasized that detailed reasons are not necessary at this stage unless the accused are to be acquitted, as per established legal principles and precedent.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 23 OF 2012
REPUBLIC..................................................................PROSECUTOR
VERSUS
JOSEPH NJIRU MUCHIRI........................................1ST ACCUSED
JOHN NYAGA KITHAKA.........................................2ND ACCUSED
JOSEPH NAMU KARIUKI.......................................3RD ACCUSED
RULING
1. The three accused persons herein face the charge of murder contrary to section 203 as read with section 204 of the Penal code. The particulars of the offence are that on 30. 05. 2012 at Gichera village Kagaari South Location of Embu County jointly with another not before the court murdered Francis Njeru Muchiri. When they were arraigned in court, they all pleaded not guilty and a plea of not guilty was entered.
2. However, the 3rd accused entered into a plea bargaining and vide the orders of 13. 12. 2018, he was convicted on his own plea of guilty for the offence of manslaughter and sentenced to serve (10) years’ imprisonment.
3. The case against the 1st and 2nd accused persons proceeded for trial and wherein the prosecution called seven (7) witnesses in support of its case.
4. Under section 306 of the Criminal Procedure Code Cap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused or any one of several accused committed the offence should, 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.
5. Under Section 306(2) on the other hand, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is evidence that the accused person or any one or more of several accused persons committed the offence, the court should proceed to put the accused to his/their defence and whereby the accused is supposed to present evidence in defense.
6. As such, at this stage, this court’s role is to consider the evidence on record and make a determination as to whether the same presents a prima facie case that would warrant this court to call upon the accused to give their defences. Under section 211 of the Criminal Procedure Code, a prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. (See Ramanlal Trambaklal Bhatt –vs- R [1957] E.A 332 at 334 and 335).However, it is trite that, where the court is not acquitting the accused person at the close of prosecutions’ case, there is no need for a reasoned ruling for a case to answer. Reasons should only be given where the submissions of a no case to answer by the accused are upheld and the accused is to be acquitted. (See Festo Wandera Mukando–vsRepublic [1980] KLR 103).
7. I have considered the evidence tendered by the prosecution in this matter as required of this court and from the entirety of the said evidence, it is my view that the prosecution has made up a prima facie case against the accused persons. The four accused persons have a case to answer and are hereby put on their defence.
8. It is so ordered.
Delivered, dated andsigned atEmbuthis21stday ofJuly, 2021.
L. NJUGUNA
JUDGE
……………………………………………for the Accused
………………………………………………for the State