[2024] KEHC 6756 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306 of the Criminal Procedure Code. The court's decision was based on its satisfaction...
Source-derived case information.
- Citation
- [2024] KEHC 6756 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kimani Njuguna
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2018
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Judges
- GL Nzioka
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Section 306 Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kimani Njuguna
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306 of the Criminal Procedure Code. The court's decision was based on its satisfaction that the evidence presented, if uncontroverted, could potentially lead to a conviction, thus necessitating the accused to respond to the case against him.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence pursuant to section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Njuguna (Criminal Case 5 of 2018) [2024] KEHC 6756 (KLR) (13 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6756 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case 5 of 2018
GL Nzioka, J
May 13, 2024
Between
Republic
Prosecution
and
David Kimani Njuguna
Accused
Ruling
1. The accused was arraigned before this court charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code (Cap 63) Laws of Kenya.
2. He pleaded not guilty to the charge and the prosecution case proceeded on. I have considered the evidence adduced by the prosecution at the close of its case and I am satisfied that, there is adequate evidence to place the accused on his defence. Therefore pursuant to the provisions of section 306 of the Criminal Procedure Code of Kenya, (Cap 75). I required the defence to indicate to the court how he will conduct his defence.
3. It is so ordered.
Dated, delivered and signed this 13th day of May 2024GRACE L. NZIOKAJUDGE1