[2020] KEHC 8703 (KLR)
The court found that the prosecution, through the testimonies of five witnesses including an eyewitness who saw the accused stab the deceased, established a prima facie case of murder against the accused. The evidence, both direct and circumstantial, was sufficient to require the accused to be put on his defence...
Source-derived case information.
- Citation
- [2020] KEHC 8703 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Wanderi Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer (section 306(2) Criminal Procedure Code)
- Outcome
- Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- 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
Julius Wanderi Mwangi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer (section 306(2) Criminal Procedure Code)
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the charge of murder.
- 2 Whether the evidence presented by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimonies of five witnesses including an eyewitness who saw the accused stab the deceased, established a prima facie case of murder against the accused. The evidence, both direct and circumstantial, was sufficient to require the accused to be put on his defence under section 306(2) of the Criminal Procedure Code. The court applied the principles from Bhatt v Republic and R v Kipkering arap Koske & another, holding that the prosecution's evidence, if unchallenged, could support a conviction. Therefore, the accused was placed on his defence to answer the charge of murder.
Court Disposition
Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is placed on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 31 OF 2012
[FORMERLY NYERI HCCR 11 OF 2011]
REPUBLIC................................................PROSECUTOR
VERSUS
JULIUS WANDERI MWANGI........................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on 14th December 2002 at Wanjengi village in Muran’ga within the Central Province, he murdered Benson Chege Kinyua.
3. He pleaded notguilty. The prosecution lined up fivewitnesses. There is direct and circumstantial evidence surrounding the homicide in this case. For instance, PW1 testified that on the material night at Wanjengi Trading Centre outside a bar styled Mwafrika he saw the accused stab the deceased on the left side of the chest.
4. He and PW2 took the deceased to a local clinic. They were referred to Murang’a Hospital. Before embarking upon the journey, they reported the matter to Kirogo Police who advised them to take the deceased to hospital.
5. The deceased was pronounced dead on arrival at Murang’a Hospital. On 19th December 2002, PW5 identified the body of the deceased at the hospital for post mortem purposes.
6. Both the learned prosecution counsel; and, the learned defence counsel opted not to make submissions.
7. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the fivewitnesses, I find that the Republic has established a prima facie case against the accused.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 6TH DAY OF FEBRUARY 2020.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Gichuru for the Republic.
Mr. Mbuthia holding brief for Ms. King’oo for the accused.
Ms. Dorcas & Ms. Elizabeth, Court Assistants.