[2018] KEHC 3652 (KLR)
The court found that the prosecution had adduced sufficient evidence, both direct and circumstantial, to establish a prima facie case against the accused for the murder of Elijah Kiarie Mwangi. The testimonies of key witnesses directly implicated the accused in the act of pouring paraffin on the deceased and setting...
Source-derived case information.
- Citation
- [2018] KEHC 3652 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Macharia Muiruri alias Machaa
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case14 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Homicide, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Macharia Muiruri alias Machaa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 links the accused to the murder of Elijah Kiarie Mwangi.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, both direct and circumstantial, to establish a prima facie case against the accused for the murder of Elijah Kiarie Mwangi. The testimonies of key witnesses directly implicated the accused in the act of pouring paraffin on the deceased and setting him alight. Guided by the principles in Bhatt v Republic and R v Kipkering arap Koske, the court held that the evidence, if uncontradicted, would be sufficient to warrant a conviction. Consequently, under section 306(2) of the Criminal Procedure Code, the accused was put on his defence.
Court Disposition
Accused put on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is put on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 14 OF 2012
[FORMERLY NYERI HCCR 21 OF 2012]
REPUBLIC......................................................................PROSECUTOR
VERSUS
PATRICK MACHARIA MUIRURIaliasMACHAA..........ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on the night of 21st and 22nd May 2012 at Nguku Trading Centre, Githima Sub-location, Murang’a County, he murdered Elijah Kiarie Mwangi.
3. He pleaded notguilty. The prosecution called sixwitnesses. I have considered the direct and circumstantial evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1, PW2, PW4 and PW5 who all stated that Machaa poured paraffin on the deceased’s clothing and set him alight.
4. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949). On the summation of the evidence of the all the six witnesses, I am persuaded that the Republic has established a prima facie case against the accused.
5. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I put the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 9th day of October 2018.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.