[2014] KEHC 7430 (KLR)
The court found that the prosecution had adduced cogent evidence, including eyewitness identification and possession of the deceased's property by the accused, which if unchallenged would be sufficient to convict. Applying the standard set out in Ramanlal T. Bhatt v Republic and section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2014] KEHC 7430 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Nzioka Munyao; Defendant: Johnstone Makau Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Prima facie case established; accused persons to be put on their defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Nzioka Munyao
Defendant
Johnstone Makau Mutua
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 persons to require them to be put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to warrant the accused persons to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had adduced cogent evidence, including eyewitness identification and possession of the deceased's property by the accused, which if unchallenged would be sufficient to convict. Applying the standard set out in Ramanlal T. Bhatt v Republic and section 306(2) of the Criminal Procedure Code, the court held that a prima facie case had been established against the accused persons. Consequently, the accused are required to be put on their defence to answer to the charge of murder.
Court Disposition
Prima facie case established; accused persons to be put on their defence.
Orders
- The accused persons are found to have a case to answer and are required to address the court on their defences pursuant to section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 9 OF 2008
REPUBLIC
VERSUS
PAUL NZIOKA MUNYAO
JOHNSTONE MAKAU MUTUA …………… ACCUSED
R U L I N G
Paul Nzioka Munyao, Johnstone Makau Mutua, the accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars thereof being that on the 14th day of January 2008 at Kakalya village, Kalama Location in Machakos District within the Eastern Province murdered Michael Mativo Kiseli.
At the conclusion of the case presented by the State, PW1 Ann Nguku Makau identified the accused persons herein as persons who assaulted them while she was in the company of the deceased. The accused persons were also said to have been found in possession of a cellphone, watch and open-shoes the deceased possessed on the fateful date. This kind of evidence would require to be explained away. The evidence adduced so far is so cogent that any tribunal directing its mind to the law would reach a conviction even if an explanation is not given by the defence. (See Ramanlal T. Bhatt –versus- Republic (1957) E.A. 332). I, therefore, find a prima facie case having been established by the prosecution which requires the accused persons to address in court on their defences pursuant to section 306 (2) of the Criminal Procedure Code.
………………………………………
L. MUTENDE
JUDGE
Dated and delivered at Machakos this 17thday of January 2014.
………………………………………
L. MUTENDE
JUDGE