[2023] KEHC 21141 (KLR)
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony placing the accused at the scene of the crime, to establish a prima facie case of murder against the accused. Relying on the principle from Antony Njeru v Republic, the court determined that it should not provide a...
Source-derived case information.
- Citation
- [2023] KEHC 21141 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Ndereba Ndirangu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is called upon to give his defence.
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- 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
Applicant
Charles Ndereba Ndirangu
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 person to warrant putting him on his defence.
- 2 Whether the court should provide a reasoned ruling at the close of the prosecution case when not acquitting the accused.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony placing the accused at the scene of the crime, to establish a prima facie case of murder against the accused. Relying on the principle from Antony Njeru v Republic, the court determined that it should not provide a detailed analysis of the evidence at this stage unless acquitting the accused, to avoid prejudicing the defence. Consequently, the accused was found to have a case to answer and was called upon to present his defence.
Court Disposition
The accused is found to have a case to answer and is called upon to give his defence.
Orders
- The accused is hereby called upon to give his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Ndirangu (Criminal Case E007 of 2022) [2023] KEHC 21141 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21141 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Case E007 of 2022
FN Muchemi, J
July 27, 2023
Between
Republic
Prosecutor
and
Charles Ndereba Ndirangu
Accused
Ruling
1. The accused person faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code to which he pleaded not guilty.The prosecution called a total of eight (8) witnesses and closed its case on July 11, 2023.
2. I have carefully perused the evidence on record and noted that there is a witness who placed the accused person at the scene of crime and claims to have witnessed the assault. In determining whether a prima facie case has been made by the prosecution, its important to examine the dicta in the Court of Appeal case of Antony Njeru v Republic [2006]eKLR as follows:-“Taking into account the evidence on record, what the learned judge said in his ruling on no case to answer, the meaning of a prima facie case as stated in Bhatt’s (supra), we are of the view that the appellant should not have been called upon to defend himself as all the evidence was on record. It seems as if the appellant was required to fill in the gaps in the prosecution case. We wish to point out here that it is undesirable to give a reasoned ruling at the close of the prosecution case, as the learned Judge did here unless the court concerned is acquitting the accused person.”
3. Relying on the above principle, I am of the view that it is not necessary at this point to do the analysis of the evidence. The holding of the Court of Appeal in my view was intended to prevent a scenario where the court would pre-empt the case of the defence if it was to do analysis. As such, I find that the prosecution has established a prima facie case against the accused person. The accused person has a case to answer and is hereby called upon to give his defence.
4. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 27THDAY OF JULY, 2023. F. MUCHEMIJUDGERuling delivered through video link this 27th day of July 2023