[2015] KEHC 3758 (KLR)
The court found that the evidence presented by the prosecution through ten witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Accordingly, the court ruled that the accused must be put on his defence as required by section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2015] KEHC 3758 (KLR)
- Parties
- Applicant: Republic; Defendant: Pharis Kabaiku Mbuthia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- 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
Pharis Kabaiku Mbuthia
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 putting him on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the evidence presented by the prosecution through ten witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Accordingly, the court ruled that the accused must be put on his defence as required by section 306(2) of the Criminal Procedure Code. The court informed the accused of his rights to address the court, to inform the court of the manner in which he wishes to defend himself, and to call witnesses in his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence under section 306(2) of the Criminal Procedure Code.
- The accused is informed of his rights to address the court and to call witnesses in his defence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 4 OF 2013
REPUBLIC ………………………..PROSECUTOR
VERSUS
PHARIS KABAIKU MBUTHIA………..ACCUSED
RULING
Pharis Kabaiku Mbuthia, the accused is charged with murdering Mary Kathambi Koome contrary to section 203 read with section 204 of the Penal Code. The offence is alleged to have been committed on 5th January 2013 at KCC Village in Nairobi within Nairobi County. At the closure of the case by the prosecution it is the duty of this court to determine whether the accused person has a case to answer or not.
I have carefully examined and analyzed all the evidence of the ten (10) prosecution witnesses who have testified in support of the prosecution case. I am satisfied that the evidence is sufficient enough to support a prima facie case against the accused. I will proceed to put him on his defence. I hereby inform him of his rights under section 306 (2) of the Criminal Procedure Code that he has a right to address the court and inform the court of the manner he wishes to defend himself. He is also informed of his right to call witnesses in his defence and to inform this court so. I make orders accordingly.
Dated, signed and delivered this 24th day of June 2015.
S.N. MUTUKU
JUDGE