[2024] KEHC 9793 (KLR)
The court found that the prosecution, having called nine witnesses and produced relevant exhibits, had established a prima facie case against the accused persons. Applying the standard set out in Ramanlal T. Bhatt v R, the court determined that the evidence on record, if left unchallenged, would be sufficient for a...
Source-derived case information.
- Citation
- [2024] KEHC 9793 (KLR)
- Parties
- Applicant: Republic; Defendant: Eliud Kanumbi Mugure; Defendant: Patrick Ngatunyi Gatundu; Defendant: Duncan Ndegwa Mukira
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- DKN Magare
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eliud Kanumbi Mugure
Defendant
Patrick Ngatunyi Gatundu
Defendant
Duncan Ndegwa Mukira
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would be sufficient to convict the accused persons.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses and produced relevant exhibits, had established a prima facie case against the accused persons. Applying the standard set out in Ramanlal T. Bhatt v R, the court determined that the evidence on record, if left unchallenged, would be sufficient for a reasonable tribunal to convict. Therefore, the accused persons were found to have a case to answer and were put on their defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are put on their defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Mugure & 2 others (Criminal Case 15 of 2018) [2024] KEHC 9793 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9793 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Case 15 of 2018
DKN Magare, J
July 30, 2024
Between
Republic
Prosecution
and
Eliud Kanumbi Mugure
1st Accused
Patrick Ngatunyi Gatundu
2nd Accused
Duncan Ndegwa Mukira
3rd Accused
Ruling
1. The Accused persons were jointly charged with murder contrary to section 203 as read with 204 of the Penal Code.
2. The particulars of the offence were that Eliud Kanumbi Mugure, Patrick Ngatunyi Gatundu and Duncan Ndegwa Mukira on the night of 13th and 14th October 2018 along Njigari – Gitugi Road at Njigari village within Mathira West Subcounty in Nyeri County jointly murdered Eric Nguri Gikunju
3. The accused person took plea and denied the charge. The plea of not guilty was recorded.
4. The hearing commenced and the prosecution called a total of 9 witnesses. Their evidence was recorded and exhibits produced.
5. I have perused the court file, and exhibits, where the 9 witnesses testified. I have also perused the submissions filed both by the Prosecutions in support of a finding on the prima facie case. The defence did not file submissions in opposition to the prima facie case. As articulated by Sir Newham Worley P. in the case of Ramanlal T. Bhatt Vs. R.(1957) E.A. 332“... the court is not required at this stage to decide finally whether the evidence is worthy of credit, or whether if believed it is weighty enough to prove the case conclusively: that final determination can only properly be made when the case for the defence has been heard. It may not be easy to define what is meant by a “prima facie case” but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
6. Consequently, I am satisfied that the prosecution has established a prima facie evidence to enable the Court to call the accused to defend themselves. I consider the evidence on record sufficient to call upon the accused to defend themselves. I therefore find that the accused have a case to answer. I put the accused persons on their defence in accordance with Section 306 of the Criminal Procedure Code.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT NYERI ON THIS 30TH DAY OF JULY, 2024. KIZITO MAGAREJUDGEIn the presence of: -Ms. Kaniu for StateMr. Kimunya for 1st AccusedMr. Njuguna Kimani for Gathiga Mwangi for the 2nd AccusedMr. Ndirangu for 3rd AccusedAccused – presentCourt Assistant – Jedidah