[2021] KEHC 1862 (KLR)
The court found that the prosecution, through the evidence of three witnesses, established a prima facie case against the accused, Paul Mwenda Kimani, for the offence of murder as defined under Section 203 as read with Section 204 of the Penal Code. Applying the standard set out in Ramanlal Trambaklal Bhatt vs Rex,...
Source-derived case information.
- Citation
- [2021] KEHC 1862 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Mwenda Kimani
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Paul Mwenda Kimani
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 him being put on his defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of three witnesses, established a prima facie case against the accused, Paul Mwenda Kimani, for the offence of murder as defined under Section 203 as read with Section 204 of the Penal Code. Applying the standard set out in Ramanlal Trambaklal Bhatt vs Rex, the court held that it is not required at this stage to assess the credibility or sufficiency of the evidence for a conviction, but only to determine if there is a case to answer. The court concluded that the evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused person shall proceed to defend himself as provided under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO. 57 OF 2018
BETWEEN
REPUBLIC...............................................................................................PROSECUTOR
AND
PAUL MWENDA KIMANI...........................................................................ACCUSED
RULING
1. PAUL MWENDA KIMANI (Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on the night of 22nd and 23rd June, 2018, at Maua location, in Igembe South sub-county within Meru County murdered WINFRED KAARI.
2. The accused person denied committing the offence and the prosecution called a total of 3 (Three) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
3. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, -that final determination can only properly be made when the case for the defence has been heard.
4. Having considered the evidence tendered by the four prosecution witnesses I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.
5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS 25TH DAY OF NOVEMBER ,2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused persons - Mr. Mutegi Advocate
For the State - Ms. Mwaniki