[2019] KEHC 3315 (KLR)
The court found that the prosecution, through the testimony of six witnesses, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence as mandated by Section 306(2) of the Criminal Procedure Code. The court was satisfied that the...
Source-derived case information.
- Citation
- [2019] KEHC 3315 (KLR)
- Parties
- Applicant: Republic; Defendant: Mathias Mutinda Munguti
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- case to answer found; accused to make 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
Mathias Mutinda Munguti
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 require him to be put on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence as mandated by Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and thus ordered the accused to make his defence to the charge of murder contrary to Sections 203 and 204 of the Penal Code.
Court Disposition
case to answer found; accused to make defence
Orders
- The accused is found to have a case to answer and is required to make his defence under Section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 11 OF 2018
REPUBLIC.................................................................PROSECUTION
VERSUS
MATHIAS MUTINDA MUNGUTI.....................................ACCUSED
RULING
1. The accused Mathias Mutinda Munguti is charged with the offence of Murder contrary to Section 203 as read with Section 204 Penal Code. The particulars being that the accused killed Dominic Mwania Matheka who the witnesses referred to as Mambo.
2. The accused denied the charge. The prosecution presented six (6) witnesses to prove it’s case.
3. Pw1 Mwangangi Matheka, Pw2 Silvester Kiinde Munguti, Pw4 Michael Kasina Nzalu and Pw6 George Muli Mutuku explained to the court what they saw and heard that night.
4. Pw3 Stephen Muli Musembi and Pw5 Julius Kalunda also told the court the role they played at the scene.
5. I have considered the submissions by the defence. I am satisfied that the prosecution has established a prima facie case requiring the accused to make his defence under Section 306 (2) Criminal Procedure Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 17TH DAY OF OCTOBER 2019, IN OPEN COURT AT MAKUENI.
..........................
H. I. ONG’UDI
JUDGE