[2023] KEHC 461 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons for the offence of murder as defined under section 203 as read with section 204 of the Penal Code. Applying the standard set out in Ramanlal T Bhatt v R and related authorities, the court...
Source-derived case information.
- Citation
- [2023] KEHC 461 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Michubu Mogi; Defendant: Simon M’Mweti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- EM Muriithi
- Legal Topics
- Murder, Case to Answer, Elements of Offence, Criminal Procedure, Standard of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Michubu Mogi
Defendant
Simon M’Mweti
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether there is sufficient evidence to require the accused persons to be put on their defence for the offence of murder.
- 2 Whether the prosecution has established a prima facie case against the accused persons under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons for the offence of murder as defined under section 203 as read with section 204 of the Penal Code. Applying the standard set out in Ramanlal T Bhatt v R and related authorities, the court held that a reasonable tribunal could convict the accused if no explanation is offered. Consequently, the accused persons are required to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code, and their rights under that provision must be explained to them.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons shall be put on their defence in accordance with section 306(2) of the Criminal Procedure Code.
- The rights of the accused persons under section 306(2) of the Criminal Procedure Code shall be explained to them.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Mogi & another (Criminal Case 63 of 2016) [2023] KEHC 461 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEHC 461 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 63 of 2016
EM Muriithi, J
January 30, 2023
Between
Republic
Prosecution
and
Paul Michubu Mogi
1st Accused
Simon M’Mweti
2nd Accused
Ruling
1. The accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that the two named accused persons “on the August 21, 2016 at Riige location in Igembe South Sub-location within Meru County, jointly murdered Philip Kiramari.”
2. The accused persons pleaded not guilty to the charge and the matter proceeded to trial, the prosecution calling 8 witnesses to prove the charge.
3. As required under section 306 of the Criminal Procedure Code, the court has considered whether there is the evidence that the accused person committed the offence, with the guidance of the relevant case law and materials on the question in Ramanlal T Bhatt v R (1957) EA 332, 335,Murimi v R (1967) EA 542, Wachira v R (1975) EA 262, Kibera Karimi v R (1979) KLR 36, Festo Wandera Mukando v R (1976 – 80) KLR 1626,Antony Njue Njeru v R, Nairobi CA Cr Appeal No 77 of 2006 and theKenya Judiciary Criminal Procedure Benchbook, 2018 at 99-100.
4. The court considers that there is the evidence that the accused persons committed the offence, having regard to the elements of the offence of murder.
ORDERS 5. Consequently, the accused persons shall be put on their defence in accordance with section 306 (2) of theCriminal Procedure Code, and their rights thereunder shall be explained.Order accordingly.
DATED AND DELIVERED ON THIS 30TH DAY OF JANUARY, 2023. EDWARD M. MURIITHIJUDGEAppearancesMs B. Nandwa Prosecution Counsel for the DPP.Mr. Wamache, Advocate for the 1st Accused.Mr. Ng’entu, Advocate for the 2nd Accused.