[2021] KEHC 5635 (KLR)
The court found that the prosecution's evidence, as presented through seven witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Applying the standard set out in Section 306 of the Criminal Procedure Code and the guidance from Republic v. Joseph Shitandi & Another...
Source-derived case information.
- Citation
- [2021] KEHC 5635 (KLR)
- Parties
- Applicant: Republic; Defendant: Josephine Njeri Kuria
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is called upon to make her defence.
- Judges
- MM Kasango
- Legal Topics
- Murder Trial, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Josephine Njeri Kuria
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, as presented through seven witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Applying the standard set out in Section 306 of the Criminal Procedure Code and the guidance from Republic v. Joseph Shitandi & Another (2014) eKLR, the court ruled that the accused must be called upon to make her defence. The evidence, if left unchallenged, could result in a conviction, thus satisfying the threshold for a case to answer.
Court Disposition
The accused is found to have a case to answer and is called upon to make her defence.
Orders
- The accused is informed of her right to address the court, give evidence on her own behalf, make an unsworn statement, and call witnesses in her defence as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 5 OF 2017
BETWEEN
REPUBLIC....................................................................................PROSECUTOR
VERSUS
JOSEPHINE NJERI KURIA...............................................................ACCUSED
RULING
1. JOSEPHINE NJERI KURIAis charged in this case with the offence of murder. The prosecution called a total of seven witnesses before closing its case. This Court is required, at this stage to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap. 75.
2. In the case REPUBLIC VS. JOSEPH SHITANDI & ANOTHER (2014) eKLR, it termed a case to answer as:-
“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.”
3. In this case, I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend herself. Accordingly, as per Section 306(2) of Cap 75 the accused is informed that she has a right to address the court, either personally or by her advocate and to give evidence on her own behalf or to make unsworn statement and call witnesses in her defence.
4. The accused is now called upon to make her election on how she shall present her defence.
RULING DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF JULY, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Absent
For accused: Mr. Njehu
For DPP: Ms. Kathambi
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE