[2017] KEHC 3834 (KLR)
The court found that the prosecution had adduced sufficient evidence through six witnesses, including medical testimony confirming the cause of death as severe brain contusions due to blunt head trauma, and evidence that the accused fatally wounded the deceased. The court applied the principle that a prima facie...
Source-derived case information.
- Citation
- [2017] KEHC 3834 (KLR)
- Parties
- Respondent: Republic; Defendant: R M M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 78 of 2010
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- BC Koech
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Mental Illness, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
R M M
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced is sufficient to sustain a conviction if the accused elects to remain silent.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through six witnesses, including medical testimony confirming the cause of death as severe brain contusions due to blunt head trauma, and evidence that the accused fatally wounded the deceased. The court applied the principle that a prima facie case is established if a reasonable tribunal could convict on the evidence presented, and determined that the threshold had been met. Accordingly, the accused was found to have a case to answer and was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer and is called upon to conduct his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 78 OF 2010
REPUBLIC ....................................................................................................PROSECUTOR
VERSUS
R M M…………………………….........................................................................ACCUSED
RULING OF THE COURT
1. RMMherein is charged with an offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 29th day of November, 2010 in Matuu Location, Yatta District within Masaku County murdered NDUNGE IVONGO.
2. The Prosecution’s case is that on the material date at around 6. 45 p.m. the accused herein who had been suffering from some mental illness since 2008 went on the rampage and killed a she goat and damaged a roof and also fatally wounded the deceased who happens to be his own grandmother with whom he resided in the same house. The villagers managed to subdue the accused and handed him over to the Community Policing Personnel who in turn handed him over to the police. The body of the deceased was later collected by the police and taken to Matuu Nursing Home where a post mortem was conducted by Dr. Muli Simon Kioko. According to the said doctor the weapon used to inflict injuries on the deceased was a blunt object and he further formed the opinion that the cause of death was severe brain contusions due to blunt head trauma. The accused underwent some treatment for quite some time until the doctors finally certified that he was fit to plead to the charges.
3. The Prosecution called six (6) witnesses in support of its case. Both learned counsels for the accused and the state opted not to make submissions at the close of the Prosecution’s case.
4. At this stage of the proceedings the Prosecution is under a duty to establish a prima facie case against the accused person so as to require him to be compelled to conduct his defence. A prima facie case is one in which a reasonable tribunal directing its mind to the law and evidence placed before it can convict an accused person if no evidence is adduced by the defence to the contrary (see BHAT =VS= REPULBIC [1957] EA 332). Hence the evidence so far presented on the part of the Prosecution must be sufficient to sustain a conviction against the accused were he to elect to remain silent in defence.
5. Looking at the evidence adduced by the six (6) Prosecution’s witnesses, I am satisfied that a prima facie case has been established to require the accused to be placed on his defence and be called to conduct his defence in accordance with Section 306(2) of the Criminal Procedure Code. Hence I find the accused has a case to answer.
Dated, signed and delivered in court at MACHAKOS this27THday of JULY2017.
D. K. KEMEI
JUDGE
In the presence of:-
Ayuma for Muema for Accused
Machogu for State
C/A: Kituva