[2021] KEHC 8452 (KLR)
The court found that the prosecution, through the testimony of Daniel Maina Masege (PW4) and other witnesses, placed the accused at the scene of the crime on the material date. The evidence adduced raised a reasonable inference that the accused could have been involved in the commission of the offence. The court was...
Source-derived case information.
- Citation
- [2021] KEHC 8452 (KLR)
- Parties
- Respondent: Republic; Defendant: Peter Maina Wangari
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is placed on his defence.
- Judges
- A Mshila
- 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
Respondent
Peter Maina Wangari
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 him being placed on his defence.
- 2 Whether the evidence adduced links the accused to the commission of the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of Daniel Maina Masege (PW4) and other witnesses, placed the accused at the scene of the crime on the material date. The evidence adduced raised a reasonable inference that the accused could have been involved in the commission of the offence. The court was satisfied that the prosecution had established a prima facie case against the accused, thereby requiring him to be placed on his defence to answer the charge of murder. The court relied on the principle set out in Bhatt vs Republic (1957) regarding the threshold for a prima facie case.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused is found to have a case to answer.
- The accused's rights and options will be put to him for election before he presents his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 17 OF 2018
REPUBLIC
VERSUS
PETER MAINA WANGARI.........................................ACCUSED
RULING
1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code; he was accused of having murdered Eunice Wamucii Maina on the 8th day of November, 2018 at Mweiga Trading Centre in Mweiga Location of Nyeri County;
2. On the 6th December, 2018 the accused entered a plea of Not Guilty; at the hearing hereof the accused was at all times represented by Learned Counsel Mr Nderi whereas Ms. Gicheha was the Prosecuting Counsel for the State;
3. The case was partially heard by Matheka J who heard three (3) prosecution witnesses; a total of eight (8) witnesses were called in support of the prosecutions’ case; at the close of the prosecution case defence counsel was invited to make submissions as to whether the prosecution had made out a case that required the accused person to be called upon to defend himself;
4. Both the defence counsel and prosecuting counsel for the State stated that they were relying on the evidence on record; prosecuting counsel submitted the evidence adduced by the prosecution had made out a prima facie case that warranted placing the accused on his defence;
5. After having evaluated all the evidence on record it is this court’s finding that the evidence adduced by Daniel Maina Masege (PW4) who knew both the accused and the deceased placed the accused at the scene of the crime on the material date; the evidence adduced by this prosecution witnesses raises a scintilla of evidence to support a reasonable conclusion that the accused could have been involved in the commission of the offence;and this court is satisfied that the prosecution has established a prima facie case against the accused that warrants him being placed on his defence to answer to the charges; refer to the renowned case of Bhatt vs Republic (1957);
6. The accused is found to have a case to answer; his rights and options will be put to him for election before he presents his defence.
Orders Accordingly.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 18TH DAY OF MARCH, 2021.
HON. A. MSHILA
JUDGE