[2020] KEHC 8289 (KLR)
The court found that, based on the evidence presented by the prosecution, particularly the testimony of PW2 on the identity of the assailant, a prima facie case had been established against the accused. The court was satisfied that the prosecution's evidence, even if circumstantial, was sufficient to require the...
Source-derived case information.
- Citation
- [2020] KEHC 8289 (KLR)
- Parties
- Respondent: Republic; Defendant: Shem Wachira Ngubiru
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- accused found to have a case to answer; to be placed on his defence
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Shem Wachira Ngubiru
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the circumstantial evidence adduced meets the legal threshold for a case to answer.
Ratio Decidendi
The court found that, based on the evidence presented by the prosecution, particularly the testimony of PW2 on the identity of the assailant, a prima facie case had been established against the accused. The court was satisfied that the prosecution's evidence, even if circumstantial, was sufficient to require the accused to be put on his defence. The accused was therefore found to have a case to answer, and his rights and options would be put to him before he presents his defence.
Court Disposition
accused found to have a case to answer; to be placed on his defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
- The accused's rights and options will be put to him before he presents his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 18 OF 2014
REPUBLIC
VERSUS
SHEM WACHIRA NGUBIRU.................ACCUSED
RULING
1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code; he is accused of having murdered Paul Maingi Wachira on the night of the 18/19th day of September, 2014 at Chorongi Village within Nyeri County;
2. At the hearing hereof the accused was represented by Learned Counsel Mr.Kingori whereas Mrs. Gicheha was the Prosecuting Counsel for the State; the prosecution called a total of five (5) witnesses in support of its case; at the close of the prosecution case counsel for the accused was invited to make submissions as to whether the prosecution had made out a case to require the accused person to be called upon to defend himself; counsel for the accused made oral submissions whereas the prosecution relied on the evidence on the record;
3. Counsel for the accused submitted that the evidence adduced by the prosecution witnesses did not satisfy the conditions for circumstantial evidence and that even if the accused were to remain silent the available evidence could not form the basis for a safe conviction; the case of Sawe vs Republic (2003) eKLR; was cited in support of the submissions made;
4. After hearing the submissions made by counsel and upon reading the evidence of PW2 on the identity of the assailant this court is satisfied that the prosecution has made out a prima facie case against the accused; this court finds that he has a case to answer that warrants him to be placed on his defence; his rights and options will be put to himbefore he presents his defence;
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 13th day of February, 2020.
HON.A.MSHILA
JUDGE