[2020] KEHC 4427 (KLR)
The court found that the prosecution, through the testimony of fourteen witnesses including two eyewitnesses and medical evidence confirming the cause of death as excessive haemorrhage from head injuries, had established a prima facie case against all three accused persons. The evidence presented was sufficient to...
Source-derived case information.
- Citation
- [2020] KEHC 4427 (KLR)
- Parties
- Applicant: Republic; Defendant: Magdaline Nduku Kiio; Defendant: Erick Kiio Kithuka; Defendant: Sammy Kiio Kithuka
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 12 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Close of Prosecution Case
- Outcome
- accused persons placed on their defence
- Legal Topics
- Murder, 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
Magdaline Nduku Kiio
Defendant
Erick Kiio Kithuka
Defendant
Sammy Kiio Kithuka
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charges of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of fourteen witnesses including two eyewitnesses and medical evidence confirming the cause of death as excessive haemorrhage from head injuries, had established a prima facie case against all three accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused persons must answer to the charges of murder as the prosecution's case, if left unchallenged, could potentially result in a conviction.
Court Disposition
accused persons placed on their defence
Orders
- The 1st, 2nd, and 3rd accused are hereby placed on their defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 12 OF 2019
REPUBLIC.......................................................................PROSECUTION
-VERSUS-
MAGDALINE NDUKU KIIO...........................................1ST ACCUSED
ERICK KIIO KITHUKA..................................................2ND ACCUSED
SAMMY KIIO KITHUKA...............................................3RD ACCUSED
RULING
1. Magdaline Nduko Kiio, Erick Kiio Kithuka, Sammy Kiio Kithuka referred to as 1st, 2nd and 3rd accused persons are facing two counts of murder contrary to section 203 as read with section 204 of the Penal Code.
2. They denied the charges and the case proceeded to full hearing with the prosecution calling fourteen (14) witnesses. The cause of death in both cases is excessive haemorrhage as a result of head injuries (EXB5&6). Each of the witnesses has told the court the role they played in this matter. Pw1 and Pw2 were eye witnesses to the incident.
Having considered all the evidence on record, I have come to the conclusion that a prima facie case has been established against all the three accused persons.
1st, 2nd and 3rd accused are all hereby placed on their defence under section 306 (2) Criminal Procedure Code.
Orders accordingly.
Delivered, signed & dated this 8th day of July 2020, in open court at Makueni.
........................
H. I. Ong’udi
Judge