[2021] KEHC 1281 (KLR)
The court found that the prosecution's evidence, if believed, is sufficient to establish a prima facie case against the accused for the offence of murder. The court is not required at this stage to determine the credibility or conclusiveness of the evidence, but only whether there is a case for the accused to...
Source-derived case information.
- Citation
- [2021] KEHC 1281 (KLR)
- Parties
- Defendant: Josphat Mugambi Kalawa; Appellant: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josphat Mugambi Kalawa
Defendant
Republic
Appellant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, if believed, is sufficient to establish a prima facie case against the accused for the offence of murder. The court is not required at this stage to determine the credibility or conclusiveness of the evidence, but only whether there is a case for the accused to answer. Accordingly, the accused is called upon to defend himself as provided under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused person is called upon to defend himself as provided under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO. 31 OF 2019
BETWEEN
REPUBLIC...................................................................................PROSECUTOR
AND
JOSPHAT MUGAMBI KALAWA......................................................ACCUSED
RULING
1. JOSPHAT MUGAMBI KALAWA (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 12th April, 2019 at Thuuri Market, Kirimampio Location in Igembe South sub-county within Meru County murdered Patrick Mutwiri
2. The accused person denied committing the offence and the prosecution called a total of four (4) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, that final determination can only properly be made when the case for the defence has been heard.
4. Having considered the evidence tendered by the prosecution, I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.
5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS 09th DAY OF DECEMBER 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused persons - Ms. Aketch Advocate
For the State - Ms. Mwaniki