[2019] KEHC 5497 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses and the postmortem report, which established the cause of death as severe chest injury. This evidence was deemed adequate to establish a prima facie case against the accused, Ndolo Mutundu, for the offence of murder....
Source-derived case information.
- Citation
- [2019] KEHC 5497 (KLR)
- Parties
- Applicant: Republic; Defendant: Ndolo Mutundu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 139 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ndolo Mutundu
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses and the postmortem report, which established the cause of death as severe chest injury. This evidence was deemed adequate to establish a prima facie case against the accused, Ndolo Mutundu, for the offence of murder. Consequently, the court ruled that the accused should be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 139 OF 2017
REPUBLIC..................................PROSECUTOR
VERSUS
NDOLO MUTUNDU..........................ACCUSED
(Formerly Machakos High Court Criminal Case No. 62 of 2014)
RULING
1. The accused is facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. Seven (7) have testified and the postmortem report (EXB2) was produced by consent of the prosecution and defence. The cause of death is shown as severe chest injury.
2. I am satisfied that the prosecution has established a prima facie case requiring the accused to make his defence under section 306 (2) CPC.
3. The accused is therefore placed on his defence.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 26TH DAY OF JULY, 2019 AT MAKUENI IN OPEN COURT.
..........................................
HON. H. I. ONG’UDI
JUDGE