[2019] KEHC 7504 (KLR)
The court found that the prosecution, having called 10 witnesses and presented detailed submissions, established a prima facie case against the accused, Samuel Gitau Kamau, for the offence of murder. The evidence on record was deemed sufficient to require the accused to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2019] KEHC 7504 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Gitau Kamau
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 7 of 2016
- 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 required to elect the mode of his defence.
- Judges
- CC Kipkorir
- 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
Samuel Gitau Kamau
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 on record is sufficient to require the accused to elect the mode of his defence.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses and presented detailed submissions, established a prima facie case against the accused, Samuel Gitau Kamau, for the offence of murder. The evidence on record was deemed sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must elect the mode of his defence.
Court Disposition
The accused is found to have a case to answer and is required to elect the mode of his defence.
Orders
- The accused is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARSEN
CRIMINAL CASE NO 7 OF 2016
REPUBLIC.....................................................PROSECUTION
VERSUS
SAMUEL GITAU KAMAU......................................ACCUSED
RULING
1. The Accused Samuel Gitau Kamau is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the offence are that on the 10th day of June 2016 at Githurai village in Mkunumbi Sub- County within Lamu County murdered Lucy Wachu Njuguna.
3. The prosecution called 10 witnesses and at the close of its case filed detailed written submissions. The defence opted not to submit at this stage. I have carefully considered the evidence on record along with the submissions by the prosecution. It is my finding that a prima facie case has been established against the accused. He has a case to answer and is invited to elect the mode of his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling dated, signed and delivered at Garsen this 22nd day of May, 2019.
………………………..
R. LAGAT KORIR
JUDGE
In the presence of
S. Pacho Court Assistant
The Accused
Mr. Gatete holding brief for Mr. Gekanana for the Accused
Mr. Kasyoka for the State