[2014] KEHC 2825 (KLR)
The court found that the prosecution's evidence established a prima facie case against the accused. The evidence showed that the deceased died from a penetrating abdominal injury caused by a sharp object and placed the accused at the scene of the crime. Accordingly, the court held that the accused should be put on...
Source-derived case information.
- Citation
- [2014] KEHC 2825 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Mutuku Mwanzia
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on 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
Nicholas Mutuku Mwanzia
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him 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 established a prima facie case against the accused. The evidence showed that the deceased died from a penetrating abdominal injury caused by a sharp object and placed the accused at the scene of the crime. Accordingly, the court held that the accused should be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is hereby put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 15 OF 2011
REPUBLIC ……………………………………………...…...PROSECUTOR
VERSUS
NICHOLAS MUTUKU MWANZA …………………........………..ACCUSED
RULING
1. Nicholas Mutuku Mwanzia is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 26th day of February, 2011 at Kithini Market, Katelembo Sub-location, Kathekakai Location, Machakos District within Masaku County murdered Mutua Maweu.
2. Having considered evidence adduced by the prosecution, it is apparent that the deceased sustained a penetrating abdominal injury caused by a sharp object. Evidence placed the accused at the scene.
3. In the result, the evidence adduced so far requires the accused to be put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.
4. It so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this16THday of SEPTEMBER, 2014.
L.N. MUTENDE
JUDGE