[2017] KEHC 570 (KLR)
The court found that the prosecution had established a prima facie case against the accused by presenting evidence that placed him at the scene of the incident, established a motive through their disagreement, and provided medical evidence linking the accused's actions to the cause of death. The court held that it...
Source-derived case information.
- Citation
- [2017] KEHC 570 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwendwa Kilonzo
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is called upon to defend himself.
- 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
Mwendwa Kilonzo
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 to warrant him being put on his defence.
- 2 Whether the evidence presented links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused by presenting evidence that placed him at the scene of the incident, established a motive through their disagreement, and provided medical evidence linking the accused's actions to the cause of death. The court held that it was not required at this stage to determine the conclusiveness of the evidence, but only whether there was sufficient evidence to require the accused to make a defence. Accordingly, the accused was called upon to defend himself pursuant to Section 306(2) of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is called upon to defend himself.
Orders
- The accused is hereby called upon to defend himself pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 17 OF 2016
REPUBLIC................................PROSECUTOR
VERSUS
MWENDWA KILONZO...................ACCUSED
R U L I N G
1. Mwendwa Kilonzo,the Accused, is charged with the offence of Murder contrary to Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 25th day of May, 2016at Kanzauwo Market, Nzambani Sub-Countywithin Kitui Countyhe murdered Bismark Musee(Deceased).
2. Facts of the case were that 25thday of May, 2016the Deceased was with the Accused who had carried him on a motorcycle. They disagreed and he hit him with a stone on the head. He went home and told PW1 Rose Nduku Museeabout what transpired. He was taken for treatment but he died on the 3rdday of June, 2016.
3. PW7 Dr. Edward Kiatuperformed a postmortem on his body and formed the opinion that the cause of death was severe head injury secondary to subdural haematoma.
4. In the case of Jagjivan M. Patel and Others 1 TLR 85it was stated that:
“All the court has to decide at the close of evidence of the charge is whether a case is made out against the accused just sufficiently to require him to make a defence, it may be a strong case or it may be a weak case. The court is not required at this stage to apply its mind in deciding finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, beyond reasonable doubt a ruling that there is a case to answer would be justified. In my opinion, in a border line case where the court, though satisfied as to conclusiveness of the prosecution evidence, is yet of opinion that the case made out is one which on full consideration might possibly be though sufficient to sustain a conclusion.”
5. The Prosecution called evidence of witnesses who saw the Accused with the Deceased after he sustained the injury. He is placed at the scene of the incident. It behooves him to defend himself.
6. In the premises I find the Prosecution having established a prima faciecase warranting him to defend himself. I therefore call upon him to do so pursuant to the provisions of Section 306(2)of theCriminal Procedure Code.
7. It is so ordered.
Dated, Signed and Delivered at Kitui this 6th day of June, 2017.
L. N. MUTENDE
JUDGE