[2021] KEHC 1400 (KLR)
The court, after considering the evidence adduced by the prosecution and the legal threshold for a prima facie case under section 306 of the Criminal Procedure Code, found that there is sufficient evidence that the accused person committed the offence of murder as charged. The court applied the principle that a...
Source-derived case information.
- Citation
- [2021] KEHC 1400 (KLR)
- Parties
- Applicant: Republic; Defendant: Kenneth Muthomi Mbaya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- EM Muriithi
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenneth Muthomi Mbaya
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 to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, after considering the evidence adduced by the prosecution and the legal threshold for a prima facie case under section 306 of the Criminal Procedure Code, found that there is sufficient evidence that the accused person committed the offence of murder as charged. The court applied the principle that a prima facie case exists where a reasonable tribunal could convict on the evidence presented if no explanation is offered by the defence. Consequently, the accused is required to be put on his defence to answer the charge. The court refrained from giving detailed reasons at this stage to avoid prejudicing the accused's right to a fair trial, in line with established case law and...
Court Disposition
accused put on his defence
Orders
- The accused shall be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
- The accused's rights under section 306(2) shall be explained.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 45 OF 2015
REPUBLIC.............................................................................PROSECUTION
VERSUS
KENNETH MUTHOMI MBAYA..................................................ACCUSED
RULING ON CASE TO ANSWER
1. The 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 offence were that he “during the night of 14th of march 2015 at Kianjogu village, Buri Kingori Sub-location in Imenti Central District within Meru County murdered Susan Kathambi Magaju.” The accused person pleaded not guilty to the charge and the matter proceeded to trial, the prosecution calling 7 witnesses to prove the charge.
2. The court has considered as required under section 306 of the Criminal Procedure Code whether there is the evidence that the accused person committed the offence. At this stage, the court considers the prosecution evidence to establish whether a prima facie case exists, which as held in Ramanlal T. Bhatt v. R (1957) EA 332, 335 is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
3. Where the court has considered that there is not established a prima facie case, the accused is entitled to an acquittal, see Murimi v. R (1967) EA 542 and Wachira v. R (1975) EA 262, and the court is required to give full reasons for the decision but not so where the court finds that a prima facie case has been established as held in Kibera Karimi v. R (1979) KLR 36 (Trevelyan & Todd JJ) so as not to prejudice the fair trial of the case by giving the impression that the court has already made up its mind without hearing the defence. See also Festo Wandera Mukando v. R (1976 – 80) KLR 1626 and Antony Njue Njeru v R, Nairobi C.A. Cr. Appeal No. 77 of 2006 (2006) eKLR and the Kenya Judiciary Criminal Procedure Benchbook, 2018 at pages 99-100.
4. The court considers that there is the evidence that the accused person committed the offence, having regard to the elements of the offence of murder.
ORDERS
5. Consequently, the accused shall be put on his defence in accordance with section 306 (2) of the Criminal Procedure Code, and his rights thereunder shall be explained.
Order accordingly.
DATED AND DELIVERED ON THIS 15TH DAY OF DECEMBER, 2021.
EDWARD M. MURIITHI
JUDGE
Appearances
Ms B. Nandwa Prosecution Counsel for the State.