[2019] KEHC 1752 (KLR)
Upon reviewing the evidence of the six prosecution witnesses, the court found that a prima facie case had been established against both accused persons. The evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in accordance...
Source-derived case information.
- Citation
- [2019] KEHC 1752 (KLR)
- Parties
- Applicant: Republic; Defendant: Joyce Kaburo Muthuri; Defendant: Salesio Gichunuku Muthuri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons placed on their defence.
- Judges
- F Gikonyo
- 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
Joyce Kaburo Muthuri
Defendant
Salesio Gichunuku Muthuri
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution, if uncontroverted, would lead to a conviction.
Ratio Decidendi
Upon reviewing the evidence of the six prosecution witnesses, the court found that a prima facie case had been established against both accused persons. The evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The accused were informed of their rights to address the court, give evidence, make an unsworn statement, and call witnesses in their defence. The court complied with the procedural requirements and ordered the accused to state whether they intend to call any witnesses other than themselves.
Court Disposition
Accused persons placed on their defence.
Orders
- The accused persons are hereby placed on their defence.
- The accused persons have been informed of their rights under Section 306 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 MERU
CRIMINAL CASE NO. 56 OF 2016
REPUBLIC…………………………………PROSECUTOR
VERSUS
JOYCE KABURO MUTHURI…………... 1ST ACCUSED
SALESIO GICHUNUKU MUTHURI……2ND ACCUSED
RULING
Case to answer
[1] The accused person was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 of the Laws of Kenya. The prosecution closed its case on 27th November 2019; after having called six (6) witnesses. Counsel for the state and for the accused intimated that they will not submit on no case to answer. Now I should determine whether or not the prosecution has established a prima facie case against the accused as to call upon him to enter his defence. See Section 306 of the Criminal Procedure Code which provides that:-
306. (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, 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.
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.
(3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence.
[2] A Prima facie case has been said to be;
‘’…one which a reasonable tribunal properly directing its mind to the law and the evidence would convict if no explanation is offered by the defence’’. See RAMANLAL BHATT vs. R (1957) EA 332(CA)
[3] The accused is facing a charge of murder. Six witnesses gave evidence for the prosecution. Upon perusal of the said evidence adduced, there is a prima facie case established against each accused person. Accordingly, the accused persons are hereby placed on their defence. The accused persons have been duly informed of their right to address the court, either personally or by advocate, to give evidence on own behalf, or to make an unsworn statement, and to call witnesses in defence. The accused or their advocate is required to state whether it is intended to call any witnesses as to fact other than the accused person. Section 306 of the CPC complied with. It is so ordered.
DATED, SIGNED AND DELIVERED AT MERU INOPEN COURT THIS 27TH DAY OF NOVEMBER, 2019
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F. GIKONYO
IN PRESENCE OF
Maina for state
Ashaba for accused
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F. GIKONYO
JUDGE