[2022] KEHC 15509 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused, Vasco Murerwa Larama, for the offence of murder. The court emphasized that at this stage, it is not required to determine the credibility or weight of the evidence...
Source-derived case information.
- Citation
- [2022] KEHC 15509 (KLR)
- Parties
- Applicant: Republic; Defendant: Vasco Murerwa Larama
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E019 of 2020
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vasco Murerwa Larama
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence presented by the prosecution, if believed, could support a conviction for murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused, Vasco Murerwa Larama, for the offence of murder. The court emphasized that at this stage, it is not required to determine the credibility or weight of the evidence conclusively, but only to assess whether the evidence, if believed, could support a conviction. Satisfied that the threshold for a prima facie case had been met, the court ruled that the accused must be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall proceed to defend himself as provided under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Larama (Criminal Case E019 of 2020) [2022] KEHC 15509 (KLR) (21 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15509 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E019 of 2020
TW Cherere, J
November 21, 2022
Between
Republic
Prosecutor
and
Vasco Murerwa Larama
Accused
Ruling
1. 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 charge are that onvOctober 15, 2020 at Marega village, Marega location in Tigania Central sub-county within Meru county murdered Mary Mwari
2. Accused person denied committing the offence and prosecution called a total of 5 witnesses in support of its case. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
3. Having considered the evidence tendered by the prosecution witnesses, I am persuaded that a prima facie case has been established that warrants this court to call upon the accused persons to defend himself.
4. Accordingly, accused will proceed as provided under section 306 (2) of the Criminal Procedure Code.
DATED THIS 21STDAY OF NOVEMBER,2022. WAMAE. T. W. CHEREREJUDGECourt Assistant - KinotiAccused - PresentFor the Accused persons - Mr. Thangichia AdvocateFor the State - Ms. Mwaniki (PPC)