[2022] KEHC 3130 (KLR)
The court, after considering the evidence tendered by the prosecution, found that a prima facie case had been established against the accused. The evidence presented by the eight prosecution witnesses was sufficient to require the accused to be put on his defence. The court applied the standard set out in Section...
Source-derived case information.
- Citation
- [2022] KEHC 3130 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Musyoki Marckenzie
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- LM Njuguna
- Legal Topics
- Murder, Prima Facie Case, 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
Francis Musyoki Marckenzie
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution 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 is sufficient to require the accused to present a defence.
Ratio Decidendi
The court, after considering the evidence tendered by the prosecution, found that a prima facie case had been established against the accused. The evidence presented by the eight prosecution witnesses was sufficient to require the accused to be put on his defence. The court applied the standard set out in Section 306 of the Criminal Procedure Code and relevant case law, holding that the prosecution's case, if unrebutted, could sustain a conviction. Therefore, the accused was found to have a case to answer and was accordingly put on his defence.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Marckenzie (Criminal Case 11 of 2017) [2022] KEHC 3130 (KLR) (28 April 2022) (Ruling)
Neutral citation: [2022] KEHC 3130 (KLR)
Republic of Kenya
In the High Court at Embu
Criminal Case 11 of 2017
LM Njuguna, J
April 28, 2022
Between
Republic
Prosecution
and
Francis Musyoki Marckenzie
Accused
Ruling
1. The accused person herein was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence being that on June 17, 2017 at Gitaraka village in Karaba Location of Mbeere South Sub County within Embu County murdered Rose Koki. Upon arraignment in court, he pleaded not guilty and a plea of not guilty was entered.
2. The case proceeded for trial and wherein the prosecution called Eight (8) witnesses in support of its case; after which the prosecution closed its case.
3. Under section 306 of the Criminal Procedure Code Cap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused persons committed the offence should, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
4. Under section 306(2) on the other hand, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is evidence that the accused person committed the offence, the court should proceed to put the accused to his defence and whereby the accused is supposed to present evidence in his defence.
5. As such, at this stage, this court’s role is to consider the evidence on record and make a determination as to whether the same presents a prima facie case that would warrant this court to call upon the accused person to give his defence. Under section 211 of the Criminal Procedure Code, a prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. [See Ramanlal Trambaklal Bhatt v R [1957] EA 332 at 334 and 335]. However, it is trite that, where the court is not acquitting the accused person at the close of prosecutions’ case, there is no need for a reasoned ruling for a case to answer. Reasons should only be given where the submissions of a no case to answer by the accused is upheld and the accused is to be acquitted. [See Festo Wandera Mukando v Republic [1980] KLR 103].
6. I have considered the evidence tendered by the prosecution in this matter as required of this court and from the entirety of the said evidence, it is my view that the prosecution has made up a prima facie case against the accused person. He therefore has a case to answer and is put on his defence.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 28TH DAY OF APRIL, 2022. L. NJUGUNAJUDGE……………………………………………for the Accused…………………………………………………for the State