[2022] KEHC 2466 (KLR)
The court found that the evidence adduced by the prosecution through seven witnesses was sufficient to establish a prima facie case against the accused. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic and Section 306 of the Criminal Procedure Code, the court held that a reasonable tribunal...
Source-derived case information.
- Citation
- [2022] KEHC 2466 (KLR)
- Parties
- Applicant: Republic; Defendant: Lawrence Mwangi Njuguna David
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused put on his defence.
- Judges
- MM Kasango
- Legal Topics
- Murder Trial, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lawrence Mwangi Njuguna David
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution through seven witnesses was sufficient to establish a prima facie case against the accused. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic and Section 306 of the Criminal Procedure Code, the court held that 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 and informed of his rights to address the court, give evidence, make an unsworn statement, or call witnesses.
Court Disposition
Accused put on his defence.
Orders
- The accused is informed of his right to address the court, give evidence on his own behalf, make an unsworn statement, and call witnesses in his defence.
- The accused is required to elect how he shall defend himself.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 3 OF 2018
REPUBLIC.................................................................................PROSECUTOR
-VERSUS-
LAWRENCE MWANGI NJUGUNA DAVID..................................ACCUSED
RULING
1. The court at this point is considering whether the prosecution has proved prima facie case against Lawrence Mwangi Njuguna David. The prosecution called a total of seven witnesses to prove the charge of murder against the accused. Prima facie case was stated to be in the case RAMBAKLALA BHATT VS. REPUBLIC (1957) EA 332 as follows:-
“It may not be easy to define what is meant by a prima facie case, but at least it must mean 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.”
2. I have considered the evidence of the seven prosecution’s witnesses and I am satisfied that there is evidence which suffices for the accused to be called to defend himself.
3. In accordance with Section 306 of the Criminal Procedure Code, the accused is hereby informed that he has a right to address the court, either personally or by his advocate and to give evidence on his own behalf, or to make unsworn statement, and to call witnesses in his defence. The accused is requested to make his election on how he shall defend himself.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Maurice
Accused: LAWRENCE MWANGI NJUGUNA DAVID : present
For accused: - Farah
For DPP: - Mr. Kasyoka and Mr. Benjamin
COURT
RULINGdelivered virtually.
MARY KASANGO
JUDGE