[2020] KEHC 7617 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and the postmortem report, sufficiently established a prima facie case against the accused. The evidence placed the accused at the scene and linked him to the cause of death, which was a chest injury secondary to a stab wound....
Source-derived case information.
- Citation
- [2020] KEHC 7617 (KLR)
- Parties
- Applicant: Republic; Respondent: Onesmus Nthale Mutua
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 81 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case After Prosecution Closes Its Case
- Outcome
- Accused placed on his defence.
- 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
Onesmus Nthale Mutua
Respondent
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case After Prosecution Closes Its 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's evidence, including eyewitness testimony and the postmortem report, sufficiently established a prima facie case against the accused. The evidence placed the accused at the scene and linked him to the cause of death, which was a chest injury secondary to a stab wound. Consequently, the court ruled that the accused should be placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO.81 OF 2017
FORMERLY MACHAKOS HCCRC. NO. 34 OF 2016
REPUBLIC..............................................PROSECUTION
VERSUS
ONESMUS NTHALE MUTUA.............RESPONDENT
RULING
1. The accused is facing a charge of murder contrary to section 203 and 204 of the Penal Code. The particulars being that the accused on the 18th August, 2016 at Mavivye sub-location, Malili location of Mukaa sub-county within Makueni county murdered Gideon Mutungi Kimweli.
2. After calling a total of nine (9) witnesses including the doctor who did the postmortem, the prosecution closed its case.
3. The matter is now for ruling on whether the prosecution has established a prima facie case against the accused or not.
4. I have considered all the evidence on record. Mr. Nthiwa for accused filed written submissions which I have also considered.
5. The evidence of Pw1-Pw3, Pw5 and Pw6 is clear on what transpired at the scene, and the evidence clearly places the accused there.
6. The postmortem report (EXB5) shows the cause of death as chest injury secondary to stab wound/perforation of injury.
7. I am satisfied that the prosecution has made a prima facie case requiring the accused to make his defence. I accordingly place him on his defence under section 306(2) of the Criminal Procedure Code.
Orders accordingly.
Delivered, signed & dated this 26th day of February 2020, in open court at Makueni.
………………………………….
H. I. Ong’udi
Judge