[2020] KEHC 7316 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence was not so discredited as to be unworthy of belief, and therefore the accused must be put on his defence. The court applied the standard under section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2020] KEHC 7316 (KLR)
- Parties
- Applicant: Republic; Respondent: NPS
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Legal Topics
- Murder, Case to Answer, Mens Rea, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
NPS
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
- 2 Whether the evidence adduced by the prosecution is so discredited that no reasonable tribunal could convict.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence was not so discredited as to be unworthy of belief, and therefore the accused must be put on his defence. The court applied the standard under section 306(2) of the Criminal Procedure Code, which allows for acquittal at the close of the prosecution case only if there is no evidence to support the charge or the evidence is so discredited that no reasonable tribunal could convict. Since neither condition was met, the accused was required to answer the charge of murder.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL CASE NO. 7 OF 2019
REPUBLIC.........................PROSECUTOR
VERSUS
NPS..............................................ACCUSED
RULING
1. The issue before the court is whether the accused has a case to answer in respect of the murder of the deceased, DMS.
2. Ms. Saika, counsel for the accused has submitted that the accused has no case to answer in terms of section 306 (2) of the Criminal Procedure Code (Cap 75) LOK.
3. Ms. Torosi for the prosecution has left the matter to the court to decide.
4. Ms. Saika submitted that the accused, who is the husband of the GCS (Pw 4) used to have quarrels whenever he was drunk. On the material day they quarreled and the accused took a stick with which he struck Pw 4. As at that time Pw 4 was holding the deceased child in her arms. The deceased died before she would be taken for medical treatment. Ms Saika submitted that the since the deceased was drunk, he was not possessed of the necessary mens rea for murder.
5. Furthermore, counsel submitted that a submission of no case answer may properly be made and upheld citing Sanyi Chattai v the State (1985) 39 WLR 925 in support of her submission.
6. Counsel therefore submitted that the prosecution evidence has been so discredited that no reasonable tribunal could properly convict. She therefore urged the court to acquit the accused.
7. The prosecution as I have pointed out opted not to file submissions.
8. I have considered the entire prosecution evidence and the submissions made in this court. I find that a court is only entitled to acquit an accused if the prosecution has not produced any evidence in support of the charge or that the said evidence is so discredited as to be unworthy of belief.
9. In the light of the evidence adduced and the applicable law I find that the prosecution has made out a case to answer against the accused.
10. The accused is hereby put on his defence.
Ruling delivered in open court this 9th of March, 2020
in the presence of Ms. Torosi for the Republic and Ms. Saika for the accused.
J. M. Bwonwonga
Judge
9/3/2020