[2022] KEHC 11502 (KLR)
The court found that the prosecution, having called seven witnesses and presented evidence on the elements of the offence of murder, established a prima facie case against the accused persons. Applying the standard set out in Ramanlal T. Bhatt v. R and section 306(2) of the Criminal Procedure Code, the court held...
Source-derived case information.
- Citation
- [2022] KEHC 11502 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Kinyua Nchebere; Defendant: Daniel Kareithi Nchebere; Defendant: Dickens Mungathia Karigi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- EM Muriithi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Elements of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Kinyua Nchebere
Defendant
Daniel Kareithi Nchebere
Defendant
Dickens Mungathia Karigi
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 persons for the offence of murder.
- 2 Whether the accused persons should be put on their defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and presented evidence on the elements of the offence of murder, established a prima facie case against the accused persons. Applying the standard set out in Ramanlal T. Bhatt v. R and section 306(2) of the Criminal Procedure Code, the court held that a reasonable tribunal could convict the accused if no explanation is offered by the defence. Consequently, the accused persons are required to be put on their defence to answer the charge of murder.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons shall be put on their defence in accordance with section 306(2) of the Criminal Procedure Code.
- The right of the accused to adduce evidence in defence in rebuttal shall be explained.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Nchebere & 2 others (Criminal Case 8 of 2016) [2022] KEHC 11502 (KLR) (30 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11502 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 8 of 2016
EM Muriithi, J
May 30, 2022
Between
Republic
Prosecution
and
Samuel Kinyua Nchebere
1st Accused
Daniel Kareithi Nchebere
2nd Accused
Dickens Mungathia Karigi
3rd Accused
Ruling
1. The accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, with the particulars of the offence being that that they “on the 3rd day of January, 2016 at Mulika Shopping Centre in Tigania East Sub-County within Meru County jointly with others not before court murdered Simon Mungathia Kagwima.” The accused persons pleaded not guilty to the charge and the matter proceeded to trial, the prosecution calling 7 witnesses.
2. At this stage of ruling on case to answer, that is whether there is established on the prosecution evidence a prima facie case, that is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence,” (see Ramanlal T. Bhatt v. R (1957) EA 332, 335), and having regard to the elements of the offence of murder, the Court considers that there is, in this case, in terms of section 306 (2) of the Criminal Procedure Code,evidence that the accused persons committed the offence.
ORDERS 3. Consequently, the accused shall be put on their defence in accordance with section 306 (2) of the Criminal Procedure Code, and their right to adduce evidence in defence in rebuttal shall be explained.Order accordingly.
DATED AND DELIVERED ON THIS 30THDAY OF MAY, 2022. EDWARD M. MURIITHIJUDGEAppearancesMs. B. Nandwa with Ms. Komu, Prosecution Counsel for the State.Mr. Igweta Advocate for the Accused persons.