[2023] KEHC 362 (KLR)
The court found that the prosecution, having called five witnesses, 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 it raised a rebuttable presumption of guilt that must be addressed by the...
Source-derived case information.
- Citation
- [2023] KEHC 362 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Mutwiri Kiburi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After 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
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Parties
Republic
Applicant
Charles Mutwiri Kiburi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After 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, having called five witnesses, 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 it raised a rebuttable presumption of guilt that must be addressed by the accused. The court relied on the definition of a prima facie case as articulated in Republic v Abdi Ibrahim Owl [2013] eKLR and Black's Law Dictionary, and applied the procedural requirement under section 306(2) of the Criminal Procedure Code to direct the accused to proceed with his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall proceed as provided under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kiburi (Criminal Case 106 of 2018) [2023] KEHC 362 (KLR) (26 January 2023) (Ruling)
Neutral citation: [2023] KEHC 362 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 106 of 2018
TW Cherere, J
January 26, 2023
Between
Republic
Prosecutor
and
Charles Mutwiri Kiburi
Accused
Ruling
1. Charles Mutwiri Kiburi (accused) is charged with the offence of murder contrary to section 203 as read with section 204 of thePenal Code.The particulars of the charge are that on October 27, 2018 at Kiarau village Amugaa sub-location in Tigania central sub-county within Meru county murdered Jeremiah Kirimi M’Mbirithi
2. Accused denied committing the offence and the prosecution called a total of five (5) 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.
3. InRepublic v Abdi Ibrahim Owl[2013] eKLR a prima facie case was defined as follows: -“Prima facie” is a Latin word defined by Black’s Law Dictionary, 8th Edition as “Sufficient to establish a fact or raise a presumption unless disproved or rebutted”. “Prima facie case” is defined by the same dictionary as “The establishment of a legally required rebuttable presumption”.
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 persons to defend themselves
5. Accordingly, accused shall proceed as provided under section 306 (2) of the Criminal Procedure Code.
DELIVERED AT MERU THIS 26TH DAY OF JANUARY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiAccused - PresentFor the Accused - Mr. Otieno AdvocateFor the State - Ms. Mwaniki (PPC)