[2025] KEHC 3589 (KLR)
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused. The accused was last seen with the deceased, and items of clothing matching those described were recovered from her house. Additionally, the accused led police to a location...
Source-derived case information.
- Citation
- [2025] KEHC 3589 (KLR)
- Parties
- Applicant: Republic; Defendant: Monica Wacuka Maina
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E023 of 2021
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and ordered to be placed on her defence.
- Judges
- LN Mutende
- 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
Monica Wacuka Maina
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 her being placed on her defence.
- 2 What constitutes a prima facie case in the context of a murder charge under Kenyan law.
Ratio Decidendi
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused. The accused was last seen with the deceased, and items of clothing matching those described were recovered from her house. Additionally, the accused led police to a location associated with another suspect. Applying the standard set out in Bhatt v Republic, the court held that a reasonable tribunal, properly directing itself to the law and evidence, could convict if no explanation is offered by the defence. Therefore, the accused is required to address the court in her defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to be placed on her defence.
Orders
- The accused is hereby placed on her defence in compliance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Maina (Criminal Case E023 of 2021) [2025] KEHC 3589 (KLR) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3589 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E023 of 2021
LN Mutende, J
March 19, 2025
Between
Republic
Prosecutor
and
Monica Wacuka Maina
Accused
Ruling
1. Monica Wacuka Maina, the Accused, is charged with Murder contrary to Section 203 as read with section 204 of the Penal Code. Particulars being that on 14/12/2021 at Mihang’o Sub-Location, Subukia Sub-County, within Nakuru County with another not before court, murdered DNN (Deceased)
2. At this point, this court is required to establish if a prima facie case has been made out requiring the accused to be placed on his defence. In the celebrated case of Ramanlal Trambaklal Bhatt v Republic [1957] E.A 332, it was stated that;“Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot argue that a prima facie case is merely one which on full consideration might possibly be thought sufficient to sustain a conviction. This is perilously near suggesting that the court could not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case, nor can we argue that the question whether there is a case to answer depends only on whether there is “some evidence irrespective of its credibility or weight sufficient to put the accused on his defence.”ii.A mere scintilla of evidence can never be enough nor can any amount of worthless discredited evidence… It may not be easy to define what is meant by 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.” (Emphasis mine).
3. Evidence on record is circumstantial, the deceased having been last seen with a lady in black and a bodaboda operator. Upon being arrested some black trouser and top were recovered from the Accused house and she purportedly led the police to a house purportedly occupied by the bodaboda operator. This evidence requires some explanation by the Accused as to what transpired.
4. Therefore, I am satisfied that the prosecution has demonstrated a prima facie case against the accused as defined in the case of Bhatt v Republic (supra), that requires her to address the court in her defence in compliance with Section 306(2) of the Criminal Procedure Code.
5. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 19THDAY OF MARCH, 2025. ……………………L.N. MUTENDEJUDGE