[2011] KEHC 4127 (KLR)
The court found that the prosecution had established a prima facie case against the 1st accused, Reuben Matiro Mbilishe, based on the evidence of ten witnesses, and therefore he should be called upon to give his defence in accordance with section 306(2) of the Criminal Procedure Code. However, the court found that...
Source-derived case information.
- Citation
- [2011] KEHC 4127 (KLR)
- Parties
- Applicant: Republic; Defendant: Reuben Matiro Mbilishe; Defendant: Christine Mkamburi Kalutu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2007
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer After Prosecution Evidence
- Outcome
- 1st accused to be put on his defence; 2nd accused acquitted and released.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Acquittal, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Reuben Matiro Mbilishe
Defendant
Christine Mkamburi Kalutu
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer After Prosecution Evidence
Legal Issues
- 1 Whether a prima facie case has been established against each accused person to warrant their being put on their defence.
- 2 Whether the 2nd accused should be acquitted at this stage under section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the 1st accused, Reuben Matiro Mbilishe, based on the evidence of ten witnesses, and therefore he should be called upon to give his defence in accordance with section 306(2) of the Criminal Procedure Code. However, the court found that no prima facie case had been made out against the 2nd accused, Christine Mkamburi Kalutu, and therefore entered a finding of not guilty in her favour under section 306(1) of the Criminal Procedure Code, directing her immediate release unless otherwise lawfully held. The reasons for the acquittal of the 2nd accused would be included in the final judgment.
Court Disposition
1st accused to be put on his defence; 2nd accused acquitted and released.
Orders
- The 1st accused, Reuben Matiro Mbilishe, shall be called upon to give his defence in compliance with section 306(2) of the Criminal Procedure Code.
- The 2nd accused, Christine Mkamburi Kalutu, is found not guilty under section 306(1) of the Criminal Procedure Code and shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF JENYA
AT MOMBASA
CRIMINAL CASE NO. 22 OF 2007
REPUBLIC ………….………………….........................................................………. PROSECUTOR
-VERSUS-
REUBEN MATIRO MBILISHE …….......................................................................…….… 1ST ACCUSED
CHRISTINE MKAMBURI KALUTU ….........................................................................….... 2ND ACCUSED
RULING
The two accused persons namely REUBEN MATIRO MBILISHE (hereinafter referred to as the 1st accused) and CHRISTINE MKAMBURI KALUTU (hereinafter referred to as the 2nd accused) were arraigned before the High Court in Mombasa where they were jointly charged with the offence of MURDER CONTRARY TO SECTION 203as read with S. 204 OF THE PENAL CODE. The State led by MR. ONSERIO, learned State Counsel called a total of ten (10) witnesses in support of their case. MR. MWAKIRETI learned counsel appeared for both accused persons. I have carefully considered the evidence of the ten prosecution witnesses. With respect to the 1st accused I am satisfied that a prima facie case has been shown against him. As such I do rule that the 1st accused shall be called upon to give his defence in compliance with S. 306(2) of the Criminal Procedure Code.
As concerns the 2nd accused I find that no prima facie case has been made out against her (reasons for this finding will be included in my final judgement). I therefore enter a finding of ‘not guilty’ with respect to the 2nd accused under S. 306(1) of the Penal Code. I direct that she be set at liberty forthwith unless she is otherwise lawfully held.
Dated and Delivered in Mombasa this 11th day of February 2011.
M. A. ODERO
JUDGE