[2015] KEHC 1995 (KLR)

[2015] KEHC 1995 (KLR)

The court found that the evidence presented by the prosecution, including the circumstances of the accused being last seen with the deceased and his subsequent absence, was sufficient to establish a prima facie case of murder against the accused. Therefore, the accused must be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court emphasized that it is not required to examine all the evidence in detail at this stage, but only to determine whether there is sufficient evidence to require the accused to answer the charge.

Citation
[2015] KEHC 1995 (KLR)
Parties
Applicant: Republic; Defendant: Samuel Teddy Gitau
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 July 2015
Case Number
Criminal Case 72 of 2012
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Outcome
Accused found to have a case to answer and ordered to be put on his defence.
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
English
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Samuel Teddy Gitau

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer After Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court found that the evidence presented by the prosecution, including the circumstances of the accused being last seen with the deceased and his subsequent absence, was sufficient to establish a prima facie case of murder against the accused. Therefore, the accused must be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court emphasized that it is not required to examine all the evidence in detail at this stage, but only to determine whether there is sufficient evidence to require the accused to answer the charge.

Court Disposition

Accused found to have a case to answer and ordered to be put on his defence.

Orders

  • The accused, Samuel Teddy Gitau, is found to have a case to answer and is put on his defence.
  • The accused is informed of his right under section 306(2) of the Criminal Procedure Code to address the court and to call witnesses in his defence.