[2017] KEHC 1183 (KLR)
The court found that the prosecution had adduced sufficient evidence, through the testimony of thirteen witnesses including medical and forensic experts, to establish a prima facie case against both accused persons. The evidence presented was adequate to require the accused to be placed on their defence as mandated...
Source-derived case information.
- Citation
- [2017] KEHC 1183 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Kilele Musembi; Defendant: Boniface Makau Peter
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2015
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and ordered to be placed on their defence.
- Judges
- DB Nyakundi
- Legal Topics
- Murder, Criminal Procedure, Standard of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Kilele Musembi
Defendant
Boniface Makau Peter
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced meets the threshold under section 306(1) of the Criminal Procedure Code for a case to answer.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, through the testimony of thirteen witnesses including medical and forensic experts, to establish a prima facie case against both accused persons. The evidence presented was adequate to require the accused to be placed on their defence as mandated by section 306(1) of the Criminal Procedure Code. The court therefore ruled that each accused person has a case to answer and should proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer and ordered to be placed on their defence.
Orders
- Each accused person is placed on his defence as required under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
CRIMINAL CASE NO.26 OF 2015
REPUBLIC.................................................PROSECUTOR
VERSUS
SAMUEL KILELE MUSEMBI....................1ST ACCUSED
BONIFACE MAKAU PETER.....................2ND ACCUSED
RULING
The two accused persons are charged before this court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge are that on the night of 28th and 29th day of September, 2014 at Kimana Oloile village the accused persons murdered Namunyak Meele.
In order to proof the offence of murder the prosecution called a total of thirteen witnesses. At the close of prosecution case the court is mandated by law under section 306 (1) to make a finding on a no case to answer.
I have evaluated the evidence as placed before this court which included the medical evidence, the government analyst, the scenes of crime officer, the investigating officer and the testimony of PW1, PW2, PW4, PW5, PW6, PW7 and PW8 who were acquainted with the deceased person.
From the evidence I am satisfied that the prosecution has presented sufficient evidence to warrant each of the accused to be placed on his defence. I reserve the reasons at this stage. Section 306 (2) of the CPC read and explained to each of the accused person who elects to state as follows:
Dated, signed and delivered in open court at Kajiado on 30/1/2017.
……………….
R. NYAKUNDI
JUDGE
Representation:
Accused persons present
Mr. Sekento for the 1st accused person
Mr. Morara for the 2nd accused person
Mr. Alex Akula for Director of Public Prosecutions
Mr. Mateli Court Assistant