[2019] KEHC 3763 (KLR)
The court found that the prosecution's evidence, comprising testimonies from ten witnesses, sufficiently placed the accused at the scene of the murder and established a prima facie case. The court was satisfied that the prosecution had met the threshold required under Section 306(2) of the Criminal Procedure Code to...
Source-derived case information.
- Citation
- [2019] KEHC 3763 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Musau Mbwika
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- Accused placed on his defence under Section 306(2) Criminal Procedure Code.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Mental State, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Musau Mbwika
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the accused had the requisite intention to commit murder given the claim of unsound mind.
Ratio Decidendi
The court found that the prosecution's evidence, comprising testimonies from ten witnesses, sufficiently placed the accused at the scene of the murder and established a prima facie case. The court was satisfied that the prosecution had met the threshold required under Section 306(2) of the Criminal Procedure Code to call upon the accused to make his defence. The accused's claim of unsound mind was noted but did not negate the establishment of a prima facie case at this stage. The court therefore ruled that the accused must be placed on his defence to answer to the charge of murder.
Court Disposition
Accused placed on his defence under Section 306(2) Criminal Procedure Code.
Orders
- The accused is hereby placed on his defence under Section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 1 OF 2018
REPUBLIC......................................................................PROSECUTION
VERSUS
MARTIN MUSAU MBWIKA.................................................ACCUSED
RULING
1. The accused Martin Musau Mbwika stands charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. He is alleged to have killed Florence Nzilani Ngumbauon 3rd January 2018. He pleaded not guilty to the charge.
2. The prosecution called a total of ten (10) witnesses. Their evidence is clear on what they saw, heard and did on the 3rd January, 2018 as far as this matter is concerned. Mr. Hassan for the accused filed his submissions stating the whole of the prosecution’s evidence. He submitted that the accused had no intention of killing but he acted due to his unsound state of mind.
3. Upon considering the entire evidence plus the counsel’s submissions, I find that the prosecution has placed the accused at the scene of the murder.
4. I am satisfied that the prosecution has established a prima facie case against the accused who I hereby place on his defence under Section 306(2) Criminal Procedure Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 8TH DAY OF OCTOBER 2019, IN OPEN COURT AT MAKUENI.
............................
H. I. ONG’UDI
JUDGE