[2021] KEHC 3094 (KLR)
The court found that the prosecution, through the testimony of seven witnesses and the postmortem report, established a prima facie case against the accused. The evidence, including circumstantial evidence and the cause of death, was sufficient to require the accused to be put on his defence. The court relied on...
Source-derived case information.
- Citation
- [2021] KEHC 3094 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Gitau Mburu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether to Place Accused on Defence After Prosecution Case
- Outcome
- accused placed on his defence
- Judges
- K Kimondo
- 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
Peter Gitau Mburu
Defendant
Procedural Posture
Criminal Case / Ruling on Whether to Place Accused on Defence After Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence under section 306(2) of the Criminal Procedure Code.
- 2 Whether the evidence adduced links the accused to the murder of Bernard Mburu Gitau.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses and the postmortem report, established a prima facie case against the accused. The evidence, including circumstantial evidence and the cause of death, was sufficient to require the accused to be put on his defence. The court relied on established legal principles regarding prima facie cases and the sufficiency of circumstantial and medical evidence in murder trials. Accordingly, the accused was 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
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 4 OF 2013
REPUBLIC...................PROSECUTOR
VERSUS
PETER GITAU MBURU......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 25th April 2013 at Gathungururu village in Murang’a County, he murdered Bernard Mburu Gitau.
3. He pleaded notguilty. The prosecution called sevenwitnesses.
4. Does the evidence disclose a prima facie case sufficient to place the accused on his defence? Learned counsel for the accused filed submissions on 21st September 2021. He opines that the accused should be acquitted at this stage. The Republic opted not to file submissions.
5. The deceased was the accused’s father. I have paid close attention to the evidence of PW2, a brother of the accused. He was present when a statement under inquiry was obtained from the accused by the DCIO, Chief Inspector Wilson Mati. There is then the circumstantial evidence from PW1, PW4, PW5, PW6 and PW7.
6. According to the postmortem Report produced by PW7 under section 77 of the Evidence Act the deceased died from “severe head injury…..(skull fractures due to blunt force…..)”.
7. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the sevenwitnesses, I find that the Republic has established a prima facie case against the accused.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 14TH DAY OF OCTOBER 2021
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of:
The accused.
Ms. A. P. Gakumu for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.