[2023] KEHC 23857 (KLR)
Upon reviewing the entirety of the prosecution's evidence, the court found that a prima facie case had been established against the accused. The evidence presented, if unrebutted, could support a conviction for the offence charged. Therefore, the accused is required to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2023] KEHC 23857 (KLR)
- Parties
- Applicant: Republic; Defendant: John Ngare Njogu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Judges
- LM Njuguna
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Ngare Njogu
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence under section 306 of the Criminal Procedure Code.
Ratio Decidendi
Upon reviewing the entirety of the prosecution's evidence, the court found that a prima facie case had been established against the accused. The evidence presented, if unrebutted, could support a conviction for the offence charged. Therefore, the accused is required to be put on his defence in accordance with section 306 of the Criminal Procedure Code. The court emphasized that at this stage, it is not necessary to provide detailed reasoning unless the accused is to be acquitted or there are submissions on 'no case to answer.'
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence under section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Njogu (Criminal Case 14 of 2016) [2023] KEHC 23857 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23857 (KLR)
Republic of Kenya
In the High Court at Embu
Criminal Case 14 of 2016
LM Njuguna, J
October 17, 2023
Between
Republic
Prosecution
and
John Ngare Njogu
Accused
Ruling
1. The accused faces a charge of murder contrary to section 203 as read together with section 204 of the Penal Code. Particulars of the offence are that on 06th of August 2016, at Makumbiri village Nembure, within Embu County, jointly with others not before this court, the accused murdered James Mukundi Njue.
2. The accused took a plea of not guilty and the same was duly entered. The case proceeded to trial and the prosecution called 10 witnesses and then they rested their case.
3. This court is tasked under section 306 of the Criminal Procedure Code, with making a ruling on whether or not the accused person has a case to answer and whether the prosecution has established a prima facie case. The provision states:Section 306 (1) of the Criminal Procedure Code:“When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of the several or any one of the several accused committed the offence shall, after hearing, if necessary any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.”
4. Based on the evidence of the prosecution, this court must make a finding as to whether the evidence is sufficient to enable the court to return a guilty verdict, regardless of whether the evidence is rebutted. The court in the case of Republic v Abdi Ibrahim Owi [2013] eKLR, defined a prima facie case as follows:“‘Prima facie’ is a latin word defined by Black’s Law Dictionary 8th Edition as, “sufficient to establish a fact or raise presumption unless disapproved or rebutted”. ‘Prima facie’ is defined by the same dictionary as “the establishment of a legally required rebuttable presumption.”
5. In other words, a prima facie case is a rebuttable presumption that the accused person is guilty of the offence. This is the position held at section 211 of the Criminal Procedure Code. Further, in the case of Ramanlal Trambaklal Bhatt v R [1957] E.A 332 at 335, the court stated as follows:“Remembering that the legal onus is always on the Prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution’s case, the case is merely one in which on full consideration might possible be thought sufficient to sustain a conviction.” This is perilously near suggesting that the court would not be prepared to convict if no defence is made, but rather, hopes the defence will fill the gaps in the Prosecution case.……there is a case to answer depends only on whether there is “some evidence, irrespective of its credibility or weight, sufficient to put the accused on his defence”. A mere scintilla of evidence can never be enough; nor can any amount of worthless discredited evidence. It may not be easy to define what is meant by a, “prima facie case”, but at least it must mean one on which a reasonable, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence”.
6. Nevertheless, where the court is not acquitting the accused person, there is no need to give a deep reasoning in this ruling for case to answer. The case would have been otherwise where there was a submission on ‘no case to answer’ as the court would have been required to give its reasons for considering that the accused has no case to answer.
7. I have taken into account the evidence by the prosecution in its entirety and it is my considered view that a prima facie case has been established. The accused person has a case to answer and is therefore put to his defense.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 17TH DAY OF OCTOBER, 2023. L. NJUGUNAJUDGE.........................................for the State.......................................for the Accused