Republic v Stephen Kitonga Mulwa [2017] KEHC 421 (KLR)
- Citation
- [2017] KEHC 421 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 85 of 2013
- Language
- English
More details
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 85 of 2013
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court therefore directed that the accused should give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
02
Material facts
Parties
Republic
Respondent Counsel: Mr. MotendeStephen Kitonga Mulwa
Defendant Counsel: Mr. Gai03
Procedural history
Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
04
Questions and positions
Legal issues
Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Party arguments
- Applicant
- The prosecution presented evidence through nine witnesses to establish that the accused committed the offence of murder as charged under the Penal Code.
- Respondent
- The accused has not yet presented his defence; the current stage is to determine if there is a case to answer based on the prosecution's evidence.
05
Court’s reasoning
Legal principles
- 01
Section 306(2) of the Criminal Procedure Code; Bhatt v R [1957] EA 332
A prima facie case is established if the evidence adduced is sufficient to require the accused to make a defence.
- 02
Sections 203 and 204 of the Penal Code
Murder is defined as the unlawful killing of another with malice aforethought.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court therefore directed that the accused should give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court disposition
Accused found to have a case to answer; ordered to give defence.
- The accused shall give his defence to the charge of murder.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 85 OF 2013
REPUBLIC .................................................................................................................STATE
VERSUS
STEPHEN KITONGA MULWA ......................................................................ACCUSED
RULING
The accused STEPHEN KITONGA MULWA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of nine (9) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case had been established. I direct that the accused shall give his defence to this charge.
Dated and Delivered in Nakuru this 31st day of March, 2017.
Mr. Gai for accused
Mr. Motende for State
Court – Hearing on 5/5/for defence hearing.
Maureen A. Odero
Judge
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