[2019] KEHC 5533 (KLR)
The court found that the prosecution had established the fact and cause of death and had presented sufficient evidence implicating the accused in the murder of his brother. The evidence on record, including the testimonies of eight witnesses, was deemed adequate to require the accused to be placed on his defence...
Source-derived case information.
- Citation
- [2019] KEHC 5533 (KLR)
- Parties
- Applicant: Republic; Defendant: Shadrack Kyalo Ndambuki
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case (section 306(2) Cpc)
- Outcome
- accused placed on his defence
- 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
Shadrack Kyalo Ndambuki
Defendant
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case (section 306(2) Cpc)
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant the accused being placed on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution had established the fact and cause of death and had presented sufficient evidence implicating the accused in the murder of his brother. The evidence on record, including the testimonies of eight witnesses, was deemed adequate to require the accused to be placed on his defence under Section 306(2) of the Criminal Procedure Code. The court was satisfied that a prima facie case had been made out against the accused for the offence of murder as charged.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 94 OF 2017
REPUBLIC......................................PROSECUTION
-VERSUS-
SHADRACK KYALO NDAMBUKI......ACCUSED
RULING
1. Shadrack Kyalo Ndambuki,the accused stands charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code.
The particulars being that the accused on the night of 8th and 9th day of April, 2016at Munathi village Kituluni Sub location of Kathonzweni Sub county within Makueni County, murdered Mutinda Ndambuki.
2. I have considered the evidence on record plus the submissions by the defence counsel. The prosecution called eight (8) witnesses. The accused and the deceased were brothers.
3. The incident occurred at their father’s homestead.
4. The fact of death and cause have been established.
5. I am satisfied that there is sufficient evidence for me to place the accused on his defence which I hereby do under Section 306 (2) Criminal Procedure Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 23RD DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.
..........................
H. I. ONG’UDI
JUDGE