[2015] KEHC 3757 (KLR)
The court found that, after considering the evidence of all prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The court was persuaded that the inconsistencies highlighted by the defence were not sufficient at this stage to displace the...
Source-derived case information.
- Citation
- [2015] KEHC 3757 (KLR)
- Parties
- Applicant: Republic; Defendant: Nancy Waithera Macharia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 103 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on her defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nancy Waithera Macharia
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether inconsistencies in prosecution witness testimony undermine the prosecution's case at this stage.
Ratio Decidendi
The court found that, after considering the evidence of all prosecution witnesses and the submissions of both counsel, the prosecution had established a prima facie case against the accused. The court was persuaded that the inconsistencies highlighted by the defence were not sufficient at this stage to displace the prosecution's case. Accordingly, the accused was found to have a case to answer and was put on her defence in accordance with section 306(2) of the Criminal Procedure Code. The accused was informed of her rights regarding the manner of her defence and the calling of witnesses.
Court Disposition
Accused found to have a case to answer and put on her defence.
Orders
- The accused is put on her defence under section 306(2) of the Criminal Procedure Code.
- The accused is informed of her right to address the court, testify on oath or unsworn, and to call witnesses.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 103 OF 2012
REPUBLIC…………………………………………PROSECUTOR
VERSUS
NANCY WAITHERA MACHARIA……………………ACCUSED
RULING
Nancy Waithera Macharia, the accused before this court, is charged with murder contrary to section 203 read with section 204 of the Penal code. The offence is alleged to have been committed on 8th December 2013 at Mathare Kosovo Slums within Nairobi County. The victim is Peter Njoroge Mwangi, deceased.
Hearing of this case commenced on 7th August 2013 before Hon. Lady Justice Florence Muchemi (Justice Muchemi) who took evidence of five prosecution witnesses. I took over the case on 12th November 2014 following the transfer of Justice Muchemi. I took evidence of four prosecution witnesses after both the prosecution and the defence consented to proceed with the hearing from where Justice Muchemi had reached.
At the close of the prosecution case and submissions by both prosecution and defence counsels, it is the duty of this court to determine whether the evidence on record establishes a prima facie case to warrant the accused being put on his defence.
I have carefully considered the evidence of all the witnesses and the submissions. The defence counsel told the court in submissions that there were major inconsistencies in the evidence of witnesses especially PW1 Rose Wanjiku a neighbour of the accused. I have read this evidence and compared it with that of the other witnesses and without going into the details of what each told the court, it is my finding that I am persuaded at this stage to conclude that the evidence is sufficient to establish a prima facie case against the accused. I make a finding therefore that the accused person has a case to answer and do hereby put the accused on her defence.
Under section 306 (2) of the Criminal Procedure Code, the accused is hereby informed of her right to address the court and inform it on the manner she intends to defend herself, whether by taking an oath or testifying without swearing. She is also informed of her right to inform this court if she wishes to call any witnesses. It is so ordered.
Dated, signed and delivered this 15th day of June 2015.
S.N.MUTUKU
JUDGE
In the presence of:
Ms ……………………….. for the Prosecution
Mr. ………………………….. for the Accused
Ms Nancy Waithera, the Accused
Mr. Daniel Ngumbi, Court Clerk