[2019] KEHC 3398 (KLR)
The court found that the prosecution's evidence placed the accused at the scene of the crime and identified him as the person who shot the deceased with an arrow. The evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, a prima facie case has been established against the accused, and...
Source-derived case information.
- Citation
- [2019] KEHC 3398 (KLR)
- Parties
- Applicant: Republic; Defendant: Mumo Mung’ati
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and called upon to give his defence.
- Judges
- LN Mutende
- 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
Mumo Mung’ati
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence placed the accused at the scene of the crime and identified him as the person who shot the deceased with an arrow. The evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, a prima facie case has been established against the accused, and he is required to give an explanation in his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and called upon to give his defence.
Orders
- The accused is called upon to render an explanation pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 12 OF 2018
REPUBLIC.........................................................PROSECUTOR
VERSUS
MUMO MUNG’ATI .................................................ACCUSED
RULING
1. Mumo Mung’ati, the accused, is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya.Particulars are that on the 18thdayMarch 2018 at Kiluku village in Mwingi East Sub CountywithinKituiCounty murderedWilliam Nguli Ndonyi (Deceased).
2. Facts of the case are that on the 18thday ofMarch 2018, the deceased was at home with PW1, Ruth Kathina Ndonyi his wife. He was shot by an arrow. PW1 checked only to see the Accused holding a bow ready to shoot another arrow. She ran, held him and they struggled until they fell down and he managed to escape. She called out for help, PW2 Mwangangi Nguli, her son got a pliers and used it to pull out the arrow that was embedded on the upper part of the abdomen. They notified the Chief but by the time he arrived the deceased passed on. His mortal remains were taken to Mwingi Sub-county Hospital. Thereafter, the postmortem was conducted and the cause of death was stated to be exsanguination due to traumatic abdominal aorta disruption/transection due to penetrating abdominal injury.
3. At the close of the prosecution’s case the accused was placed at the scene of the incident and identified as the person who held the bow and arrows and was about to shoot another one.
4. In the premises he must give an explanation of what transpired. I therefore call upon him to render the explanation pursuant to the Provisions of Section 306 (2) of the CPC.
5. It is so ordered.
Dated, Signedand Deliveredat Kitui this 11th day of September 2019
L.N. MUTENDE
JUDGE