[2016] KEHC 2069 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Mangati Kuuma, for the offence of murder. This finding was based on the direct eyewitness testimony of the deceased's wife and another witness, both of whom identified the accused as participating in the act leading to the...
Source-derived case information.
- Citation
- [2016] KEHC 2069 (KLR)
- Parties
- Applicant: Republic; Defendant: Mangati Kuuma
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- The accused is found to have a case to answer and is put on his 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mangati Kuuma
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would be sufficient to convict the accused.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Mangati Kuuma, for the offence of murder. This finding was based on the direct eyewitness testimony of the deceased's wife and another witness, both of whom identified the accused as participating in the act leading to the deceased's death, as well as the postmortem evidence confirming the cause of death as severe burns. Applying the standard set out in Ramanlal Trambklal Bhatt vs. Republic, the court held that if the evidence adduced by the prosecution is not challenged, a reasonable tribunal could convict the accused. Consequently, the accused was required to be put on his defence in accordance...
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused shall be put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 21 OF 2015
REPUBLIC……………………………………………...PROSECUTOR
VERSUS
MANGATI KUUMA…………......................................…...ACCUSED
R U L I N G
1. Mangati Kuuma,the Accused, is charged with the offence of Murder contrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 4thday of June, 2012at Kikuu Sub-location, Mwitika Division, Mutomo Districtin Kitui County,jointly with others murdered Cosmas Kyendi Munyao(Deceased).
2. At close of the Prosecution’s case, the fact of death was established. PW5, Dr. Patrick Mutukuconducted a postmortem on the body of the Deceased that was identified by a relative. He formed the opinion that the cause of death was severe burns.
3. PW1 Kasele Munyaothe wife of the Deceased identified the Accused as one of the persons who pulled him out of their house amidst accusation of having stolen a goat. They led him to where he was burnt as she watched. Her evidence was corroborated by that of PW2 Mwania Munyao.
4. In the celebrated case of Ramanlal Trambklal Bhatt vs. Republic (1957) EA 332it was held that a prima faciecase is one which;
“…..A reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence….”
5. This is a matter where eye-witnesses to the act that was committed that resulted into the death of the Deceased have adduced evidence. If the evidence is not challenged then a reasonable court may convict on the evidence given so far. In the premises, I find the Prosecution having established a prima faciecase against the Accused that requires him to be put on his defence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.
6. It is so ordered.
Dated, Signed and Deliveredat Kitui this 8thday of September,2016.
L. N. MUTENDE
JUDGE