[2024] KEHC 3078 (KLR)
The court found that the prosecution, having called six witnesses and closed its case, had presented sufficient evidence to meet the threshold of a prima facie case as required under section 306 of the Criminal Procedure Code. The evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is...
Source-derived case information.
- Citation
- [2024] KEHC 3078 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kitunguu Kitoo
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- RK Limo
- 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
Joseph Kitunguu Kitoo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and closed its case, had presented sufficient evidence to meet the threshold of a prima facie case as required under section 306 of the Criminal Procedure Code. The evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is required to be put on his defence and informed of his rights under section 306(2) of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is found to have a case to answer under section 306 of the Criminal Procedure Code.
- The accused is informed of his options under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kitoo (Criminal Case 2 of 2018) [2024] KEHC 3078 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3078 (KLR)
Republic of Kenya
In the High Court at Kitui
Criminal Case 2 of 2018
RK Limo, J
March 11, 2024
Between
Republic
Prosecutor
and
Joseph Kitunguu Kitoo
Accused
Ruling
1. The accused herein Joseph Kitunguu Kitoo, the appellant herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars as per the information is that on 16th December 2017 at Makaani village, Miambani location within Kitui County he murdered Margaret Ngami, his wife.
3. The accused pers pleaded not guilty to the charge and the prosecution has presented a total of 6 witnesses to support its case against the accused.
4. The state has closed its case and this court is now being called upon to determine on the basis of evidence presented whether the accused has a case to answer or whether the prosecution’s case has established a primafacie case sufficient to place the accused on his defence as provided for under section 306 of the criminal procedure Code.
5. I have considered the evidence tendered and I am satisfied that the prosecution’s case has met the threshold required.The accused has a case to answer and the options open for him under section 306 (2) of the criminal Procedure Code are hereby explained to him.
DATED, SIGNED AND DELIVERED AT KITUI THIS 11TH DAY OF MARCH, 2024HON. JUSTICE R. K. LIMOJUDGE