[2021] KEHC 6235 (KLR)
The court found that, upon consideration of the prosecution's evidence, a prima facie case had been established against both accused persons for the offence of murder. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt but only whether there is sufficient evidence...
Source-derived case information.
- Citation
- [2021] KEHC 6235 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutunga Musembi; Defendant: Mutuku Mutua
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 162 of 2016
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused persons put on their defence
- Judges
- GMA Dulu
- Legal Topics
- Murder, Prima Facie Case, Elements of Offence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutunga Musembi
Defendant
Mutuku Mutua
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 persons for the offence of murder.
- 2 Whether the accused persons should be put on their defence at this stage.
Ratio Decidendi
The court found that, upon consideration of the prosecution's evidence, a prima facie case had been established against both accused persons for the offence of murder. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt but only whether there is sufficient evidence to require the accused to answer the charge. Consequently, the court ruled that both accused persons should be put on their defence in accordance with section 211 of the Criminal Procedure Code.
Court Disposition
accused persons put on their defence
Orders
- Both accused persons are put on their defence under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 162 OF 2017
FORMERLY MACHAKOS HCCRCR 16 OF 2016
REPUBLIC.............................................................................PROSECUTION
-VERSUS-
MUTUNGA MUSEMBI............................................................ 1ST ACCUSED
MUTUKU MUTUA.................................................................. 2ND ACCUSED
RULING ON CASE TO ANSWER
1. After the close of the prosecution case wherein the prosecution called eleven (11) witnesses, defence counsel filed written submissions arguing that the court should not put the two accused persons on their defence, as no prima facie case had been established by the prosecution against them for the offence of murder.
2. The prosecuting counsel on her part relied on the evidence on record, and urged the court to put the two accused persons on their defence.
3. I note that the defence counsel has relied on several legal authorities including section 203 and 206 of the Penal Code (cap 63) which relate to the definition of murder and its elements as well as court cases.
4. At this case to answer stage, this court is merely required to base its decision on whether a prima facie case has been established not whether the prosecution has proved its case
against the accused persons beyond any reasonable doubt – see R.T. Bhatt –vs- Republic (1957) E.A 332.
5. Having considered the evidence of the prosecution on record, I am of the view that the prosecution has established a prima facie case against both the accused. I thus so find and put each of the two accused persons on their defences and will proceed to explain to them the options available to them in their defences under section 211 of the Criminal Procedure Code (cap.75).
DATED SIGNED & DELIVERED, THIS 17TH DAY OF JUNE 2021, IN OPEN COURT AT MAKUENI.
................................
GEORGE DULU
JUDGE