[2011] KEHC 1356 (KLR)
The court found that the prosecution had adduced sufficient evidence through its eight witnesses to establish a prima facie case against the accused for the offence of murder. Applying the standard set out in section 306(2) of the Criminal Procedure Code and relevant case law, the judge was satisfied that the...
Source-derived case information.
- Citation
- [2011] KEHC 1356 (KLR)
- Parties
- Applicant: Republic; Respondent: Lemeru Mnyanguli
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2008
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code
- Outcome
- Accused found to have a case to answer and ordered to enter defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, 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
Lemeru Mnyanguli
Respondent
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its eight witnesses to establish a prima facie case against the accused for the offence of murder. Applying the standard set out in section 306(2) of the Criminal Procedure Code and relevant case law, the judge was satisfied that the evidence, if unchallenged, could warrant a conviction. Consequently, the accused was called upon to enter his defence.
Court Disposition
Accused found to have a case to answer and ordered to enter defence.
Orders
- The accused is called upon to give his defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC..........................................................................................PROSECUTOR
=VERSUS=
LEMERU MNYANGULI.........................................................................RESPONDENT
RULING
The accused LEMERU MNYANGULU faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by MR. ONSERIO, State Counsel called a total of eight (8) witnesses in support of their case. MR. GICHANA, Advocate represented the accused. I have duly considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established to warrant the accused being called upon to give his defence in line with S. 306(2) of the Criminal Procedure Code.
It is so ordered.
Dated and Delivered in Mombasa this 15th day of July 2011.
M. ODERO
JUDGE
10
In the presence of:
Accused in person
Mr. Onserio for State