[2022] KEHC 11753 (KLR)
The court found that the prosecution, having called eight witnesses and produced exhibits, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as the threshold for a prima facie case does not require...
Source-derived case information.
- Citation
- [2022] KEHC 11753 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Mutuku Kalii
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Murder Case 7 of 2017
- Procedural Posture
- Murder Case / Ruling on Whether Accused Has a Case to Answer (prima Facie Case)
- Outcome
- Accused put on his defence.
- Judges
- JN Onyiego
- 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
Charles Mutuku Kalii
Defendant
Procedural Posture
Murder Case / Ruling on Whether Accused Has a Case to Answer (prima Facie Case)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses and produced exhibits, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as the threshold for a prima facie case does not require proof beyond reasonable doubt but only a reasonable degree of possibility that the accused committed the offence. The court relied on the principle set out in R Bhatt v Republic (1957) EA 332 and the procedure under section 306 of the Criminal Procedure Code. Accordingly, the accused was called upon to make his defence and informed of his rights regarding the manner of giving...
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence pursuant to section 306 of the Criminal Procedure Code.
- The accused is informed of his rights to give sworn or unsworn testimony or to remain silent, and to call witnesses if he wishes.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kalii (Murder Case 7 of 2017) [2022] KEHC 11753 (KLR) (22 April 2022) (Ruling)
Neutral citation: [2022] KEHC 11753 (KLR)
Republic of Kenya
In the High Court at Voi
Murder Case 7 of 2017
JN Onyiego, J
April 22, 2022
Between
Republic
Prosecutor
and
Charles Mutuku Kalii
Accused
Ruling
1. The accused herein was arraigned before Voi high court on September 5, 2017 charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that in between the night of August 22, 2017 and morning of August 23, 2017 at Njukini Trading Centre in Taveta Sub-county within Taita Taveta County murdered Gabriel Mutuku Kalii and Evanton Paul Kalii. Upon taking a plea of not guilty, prosecution called a total of 8 witnesses and closed their case.
2. The case partly proceeded before my sister Farah Amin and later I took over. My humble duty at this stage is to make finding whether the prosecution has established a prima facie case to warrant the court put accused on his defence.
3. It is trite that a prima facie case however does not mean that a case has to be proved beyond reasonable doubt. It simply means that the prosecution has established with a reasonable degree that there is a high possibility that the accused may have committed the offence. SeeR Bhatt Vs Republic ( 1957) EA 332 where the court held that a prima facie case does not mean a case proved beyond any reasonable doubt, since at this stage the court has not heard evidence for the defence.
4. From the evidence tendered before this court and exhibits produced, I am satisfied that the prosecution has established a prima facie case to warrant accused being called upon to make his defence. Accordingly, accused is put on his defence. Pursuant to section 306 of the Criminal Procedure Code, accused is explained to his rights that; he shall be at liberty to give sworn testimony or unsworn testimony or keep quiet and that if he has witnesses he wish to call be at liberty to call them.
DATED SINGED AND DELIVERED VIRTUALLY AT MOMBASA THIS 22ND DAY OF APRIL, 2022J. N. OYINEGOJUDGE