[2015] KEHC 3084 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and the deceased's dying declaration implicating the accused, was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in Ramanlal Bhatt vs Republic, the court held that a reasonable...
Source-derived case information.
- Citation
- [2015] KEHC 3084 (KLR)
- Parties
- Applicant: Republic; Defendant: Ndunda Kitheku
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 75 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is called upon to make his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ndunda Kitheku
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and the deceased's dying declaration implicating the accused, was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in Ramanlal Bhatt vs Republic, the court held that a reasonable tribunal could convict the accused if no explanation is offered by the defence. Consequently, the accused was called upon to make 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 called upon to make his defence.
Orders
- The accused is placed on his defence in accordance with 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 75 OF 2011
REPUBLIC …………………………………....…………………… STATE
VERSUS
NDUNDA KITHEKU ………………..………………………….. ACCUSED
R U L I N G
1. NDUNDA KITHEKU, hereinafter “the accused” is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya. Particulars of the offence are that on the night of 17th December 2011 at Kivuthu Market, Kavuthu sub-location, Kavuthu Location of Mbitini Division within Makueni County murdered MATHITU MUTONGA (deceased).
2. The facts of the case were that on the 16th December 2011 at about 5. 00 p.m. the accused was at Kililini Bar, Kavutha, where he drank Viesta Wine and he left. At about midnight, PW 1 Emma Muthee Nzioki the bar attendant was woken up by Kioko, a watchman who sought assistance. He needed a piece of cloth that they could use to tie the deceased who was injured. She followed the watchman and found the deceased having been injured. He told her that he had been stabbed by the fool of Kitheku. She interpreted that to mean a person who was deaf.
3. PW 2 Sammy Muthemba learnt of the incident. He found his son, the deceased, still alive who told him that Ndunda had stabbed him. The accused person who was dumb and son of Kitheku was arrested and charged.
In the case of Ramanlal Bhatt vs Republic (1957) EA 322 it was held that:-
“A prima facie case is not one that is proved beyond reasonable doubt but a case where a reasonable tribunal properly directing its mind on the law and evidence could convict if no reasonable explanation is offered by the defence”.
4. Evidence adduced herein is sufficient to require the accused to be placed on his defence. Accordingly he is called upon to address the court in accordance with Section 306(2)of theCriminal Procedure Code.
5. It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 30thday of
JULY, 2015.
L. N. MUTENDE
JUDGE