[2024] KEHC 12305 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if unrebutted, would warrant a conviction. Therefore, the accused is required to be placed on her defence in accordance with section 306 of the Criminal Procedure Code. The threshold for a case to answer was met, as the evidence presented by...
Source-derived case information.
- Citation
- [2024] KEHC 12305 (KLR)
- Parties
- Applicant: Republic; Defendant: Faith Mwende Lukas
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on her defence.
- Judges
- GL Nzioka
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Faith Mwende Lukas
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being placed on her defence.
- 2 Whether the evidence adduced at the close of the prosecution case meets the threshold under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if unrebutted, would warrant a conviction. Therefore, the accused is required to be placed on her defence in accordance with section 306 of the Criminal Procedure Code. The threshold for a case to answer was met, as the evidence presented by the prosecution established a prima facie case against the accused on both counts of murder. The court did not make any findings on the merits of the case at this stage, but simply determined that the accused must now inform the court how she will conduct her defence.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is found to have a case to answer and is placed on her defence pursuant to section 306 of the Criminal Procedure Code.
- The accused is required to inform the court on how she will conduct her defence case.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Lukas (Criminal Case 10 of 2020) [2024] KEHC 12305 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12305 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case 10 of 2020
GL Nzioka, J
September 30, 2024
Between
Republic
Prosecution
and
Faith Mwende Lukas
Accused
Ruling
1. The accused was arraigned in court charged in two counts with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) Laws of Kenya.
2. She pleaded not guilty to both counts when read to her. The case proceeded to the hearing of the prosecution case.
3. I have considered the evidence adduced at the close of the prosecution case and I am satisfied that, sufficient evidence has been adduced to place the accused on her defence.
4. In regard to the aforesaid, I rule that, the accused has a case to answer pursuant to the provision of section 306 of the Criminal Procedure Code (Cap 75) of the Laws of Kenya. The accused is required to inform the court on how she will conduct her defence case.
5. It is so ordered
DATED, DELIVERED AND SIGNED THIS 30TH DAY OF SEPTEMBER 2024. GRACE L. NZIOKAJUDGEIn the presence of:Mr. Owour for the accused.The accused present virtuallyN/A for the StateMr. Komen: Court Assistant