[2017] KEHC 7705 (KLR)
The court found that, upon perusal of the evidence of all seven prosecution witnesses, there is sufficient evidence that the accused committed the offence charged. Accordingly, the court ruled that the accused has a case to answer and will be required to comply with section 306(2) of the Criminal Procedure Code,...
Source-derived case information.
- Citation
- [2017] KEHC 7705 (KLR)
- Parties
- Applicant: Republic; Defendant: Njoroge Kamande Kang’ethe
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer; to be put on his defence.
- Judges
- DW Mbuteti
- Legal Topics
- Murder, Criminal Procedure, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Njoroge Kamande Kang’ethe
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 to warrant putting him on his defence.
- 2 Whether the evidence adduced by the seven prosecution witnesses is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that, upon perusal of the evidence of all seven prosecution witnesses, there is sufficient evidence that the accused committed the offence charged. Accordingly, the court ruled that the accused has a case to answer and will be required to comply with section 306(2) of the Criminal Procedure Code, which entails being put on his defence. The ruling is based on the assessment that the prosecution has established a prima facie case against the accused for the offence of murder as charged under section 203 as read with section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer; to be put on his defence.
Orders
- The accused shall be put on his defence in accordance with 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 MURANG’A
CRIMINAL CASE NO 39 OF 2012
(FORMERLY NYERI HC CRIMINAL CASE NO 34 OF 2010)
REPUBLIC……………………..………..…..…….………….......PROSECUTOR
VERSUS
NJOROGE KAMANDE KANG’ETHE……….………………..……….ACCUSED
R U L I N G
1. The Accused herein Njoroge Kamande Kang’ethe (alias Fire) is charged with murder contrary to section 203(as read with section 204) of the Penal Code.It is alleged in the information dated 21/09/2010 that on 06/09/2010 at Githuya Village in Murang’a South District within Central Province, he murdered one Kamande Mwangi Rubue.
2. On 06/10/2010 the Accused pleaded not guilty at the High Court, Nyeri. On 21/11/2012 the case was transferred to this court without the trial having commended. Trial eventually commenced before my predecessor, Ngaah, J on 15/04/2014. The judge took the evidence of three prosecution witnesses before he was transferred to another station.
3. The trial continued before me from 09/11/2015. On 16/11/2016 the prosecution closed its case having called a total of seven witnesses. Neither the prosecution counsel nor the defence counsel wished to make any submissions under section 306 of the Criminal Procedure Code.
4. I have perused the evidence as recorded by Ngaah, J (PW1, PW2 and PW3) and by myself (PW4, PW5, PW6 and PW7). I consider that there is evidence that the Accused committed the offence charged. I shall therefore proceed to fully comply with section 306(2) of the Criminal Procedure Code after delivery of this ruling.
DATED AND SIGNED AT MURANG’A THIS 14TH DAY OF FEBRUARY 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 17TH DAY OF FEBRUARY 2017