[2020] KEHC 7050 (KLR)
The court found that the cumulative evidence of the prosecution witnesses, especially Pw1 to Pw7, was sufficient to establish a prima facie case against the accused. The court determined that the prosecution had met the threshold required at this stage of the proceedings, namely, that there is evidence upon which a...
Source-derived case information.
- Citation
- [2020] KEHC 7050 (KLR)
- Parties
- Applicant: Republic; Defendant: Sunza Makau
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sunza Makau
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.
- 2 Whether the identity of the accused as the perpetrator has been sufficiently established at this stage.
Ratio Decidendi
The court found that the cumulative evidence of the prosecution witnesses, especially Pw1 to Pw7, was sufficient to establish a prima facie case against the accused. The court determined that the prosecution had met the threshold required at this stage of the proceedings, namely, that there is evidence upon which a reasonable tribunal could convict if no explanation is offered by the accused. Consequently, the accused was placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO.7 OF 2017
FORMERLY MACHAKOS HCCRC NO. 2 OF 2017
REPUBLIC..........PROSECUTION
-VERSUS-
SUNZA MAKAU.........ACCUSED
RULING
1. Sunza Makau the accused has been charged with murder contrary to section 203 as read with section 204 of the Penal Code. The prosecution presented ten (10) witnesses to establish its case.
2. Mr. Masaku for the accused submitted that there were issues which the prosecution had not established in particular, the one of identity of the accused.
3. All the witnesses in particular Pw1 to Pw7 have clearly indicated what they saw and witnessed on the material night. All this evidence considered together establishes a prima facie case against the accused who I hereby place on his defence under section 306(2) Criminal Procedure Code.
Delivered, signed & dated this 3rd day of April 2020, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge