[2021] KEHC 2004 (KLR)
Upon reviewing the evidence adduced by the prosecution, including the testimony of ten witnesses, the court found that a prima facie case had been established against the accused, Paline Mugendi Nyaga, for the offence of murder. The court applied the standard that a prima facie case exists where the prosecution's...
Source-derived case information.
- Citation
- [2021] KEHC 2004 (KLR)
- Parties
- Respondent: Republic; Defendant: Paline Mugendi Nyaga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- accused placed on defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Paline Mugendi Nyaga
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 being placed on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to make a defence.
Ratio Decidendi
Upon reviewing the evidence adduced by the prosecution, including the testimony of ten witnesses, the court found that a prima facie case had been established against the accused, Paline Mugendi Nyaga, for the offence of murder. The court applied the standard that a prima facie case exists where the prosecution's evidence is sufficient to sustain a conviction if unchallenged. The court relied on statutory provisions and case law, specifically Section 211 and Section 306 of the Criminal Procedure Code, as well as relevant judicial precedents. The court concluded that the evidence presented was adequate to require the accused to be placed on his defence, and therefore ordered accordingly.
Court Disposition
accused placed on defence
Orders
- The accused, Paline Mugendi Nyaga, is hereby ordered to be placed on his defence.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO.20OF 2017
REPUBLIC.............................................................PROSECUTOR
VERSUS
PALINE MUGENDI NYAGA........................................ACCUSED
RULING
1. The accused person was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence being that on the 10th day of December, 2017 at Kapingazi Bridge of Majimbo area in Embu West Sub-County within Embu County, jointly with others not before court murdered Lorraine Wambui.
2. The accused person was arraigned in court on 19. 02. 2018 and he pleaded not guilty and a plea of not guilty was entered against him.
3. The matter proceeded to hearing and the prosecution called a total of ten (10) witnesses after which the prosecution closed its case.
4. This court has a duty to make a ruling upon the conclusion of the prosecution’s case on whether the accused person has a case to answer or not. When the evidence of the prosecution witnesses has been concluded and the court has formed an opinion that there has not been presented evidence that the accused committed the offence, should after hearing any arguments from either the prosecution or advocate of the accused person enter a finding of not guilty. (See Section 306(1) of the Criminal Procedure Code).
5. On the other hand, should the court be of the opinion that a prima facie case has been established, the court then should proceed to put the accused person on his defence. (See Section 306(2) of the Criminal Procedure Code).At this point, this court’s role is to consider the evidence on record and make a determination whether a prima facie case has been established to warrant the accused person to be placed on his defence.
6. Section 211 of the Criminal Procedure Code stipulates that a prima facie case is established where the evidence adduced by the prosecution is sufficient for the court to return a guilty verdict if no other explanation is offered by the accused person. This was the court’s view in the case of Ronald Nyaga Kiura v R [2018] eKLR.
7. I adopt the holding in the case of Festo Wandera Mukando v Republic [1980] KLR103where the court pronounced itself that there is no need for a reasoned ruling for a case to answer. It’s trite that reasons should only be given where the submission of no case to answer by the accused is upheld and the accused is to be acquitted.
8. This court has considered the evidence tendered by the prosecution in this matter and from its entirety, the prosecution has established a prima facie case against the accused person to warrant him to be placed on his defence.
9. I hereby order that he be placed on his defence.
10. It is so ordered.
Delivered, datedandsignedat Embuthis17thday ofNovember, 2021.
L. NJUGUNA
JUDGE
………………………………..………..……..for the Accused
…………………………………………….for the Respondent