[2013] KEHC 559 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and the postmortem report, established a prima facie case of murder against the accused. Applying the standard set out in Ramanlal T. Bhatt v Republic, the court held that a reasonable tribunal could convict the accused on the evidence...
Source-derived case information.
- Citation
- [2013] KEHC 559 (KLR)
- Parties
- Respondent: Republic; Accused: Mwendwa Mbiti
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and is put on 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Mwendwa Mbiti
Accused
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.
- 2 Whether the evidence adduced is sufficient to require the accused to make a defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and the postmortem report, established a prima facie case of murder against the accused. Applying the standard set out in Ramanlal T. Bhatt v Republic, the court held that a reasonable tribunal could convict the accused on the evidence presented if no defence is offered. Consequently, the accused is required to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused shall be required to address the court on defence 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 MACHAKOS
CRIMINAL CASE NO. 64 OF 2009
REPUBLIC
VERSUS
MWENDWA MBITI ……….… ACCUSED
R U L I N G
Mwendwa Mbiti, the accused person herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the offence thereof being that on the 20th day of October 2009 at Majengo Estate within Kitui Township, Kitui District of the Eastern Province murdered Wambua Manzi.
At the conclusion of the prosecution’s case evidence adduced established that accused stabbed the deceased with a knife following a disagreement. The Doctor who performed a postmortem on the body of the deceased opined that the cause of death was haemothorax/pericardial effusion due to stab wound on the chest.
Any reasonable tribunal, properly directing its mind to law and evidence adduced so far on return a verdict of guilty without any explanation being rendered in defence. This means that a prima facie case warranting the accused being put on his defence has been established (See Ramanlal T. Bhatt versus Republic (1957) E.A. 332).
The accused shall be required to address the court on defence pursuant to the provisions of section 306 (2)of the Criminal Procedure Code.
………………………………………
L. MUTENDE
JUDGE
Dated and delivered at Machakos this 18thday of December 2013.
………………………………………
L. MUTENDE
JUDGE