[2024] KEHC 15480 (KLR)
The court found that the prosecution had adduced sufficient evidence, through the testimony of 11 witnesses, to establish a prima facie case against the accused persons for the offence of murder. Applying the standard set out in Ramanlal T. Bhatt v. R and section 306 of the Criminal Procedure Code, the court held...
Source-derived case information.
- Citation
- [2024] KEHC 15480 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Rael Syombua; Defendant: Samuel Gathogo Miano
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- EM Muriithi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Elements of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Rael Syombua
Defendant
Samuel Gathogo Miano
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, through the testimony of 11 witnesses, to establish a prima facie case against the accused persons for the offence of murder. Applying the standard set out in Ramanlal T. Bhatt v. R and section 306 of the Criminal Procedure Code, the court held that a reasonable tribunal could convict the accused if no explanation is offered by the defence. Consequently, the accused persons were put on their defence to answer the charge of murder.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons shall be put on their defence in accordance with section 306(2) of the Criminal Procedure Code.
- Mention for directions as to defence hearing on 14/1/2025.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Syombua & another (Criminal Case 21 of 2016) [2024] KEHC 15480 (KLR) (5 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15480 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 21 of 2016
EM Muriithi, J
December 5, 2024
Between
Republic
Prosecutor
and
Mary Rael Syombua
1st Accused
Samuel Gathogo Miano
2nd Accused
Ruling
1. The accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The accused persons pleaded not guilty to the charge and the matter proceeded to trial, and the prosecution called 11 witnesses to prove the charge.
2. The court has considered, as required under section 306 of the Criminal Procedure Code, whether there is the evidence that the accused persons committed the offence. At this stage, the Court is required to consider whether the prosecution has adduced evidence to establish whether a prima facie case exists. A prima facie case within the meaning of Ramanlal T. Bhatt v. R (1957) EA 332, 335, that is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
3. On the evidence adduced by the Prosecution, the Court considers that there is the evidence that the accused persons committed the offence, having regard to the elements of the offence of murder.
DIVISION - Orders 4. Consequently, the accused persons shall be put on their defence in accordance with section 306 (2) of the Criminal Procedure Code, and their rights thereunder shall be explained.
5. Mention for Directions as to defence hearing on 14/1/ 2025. Order accordingly.
DATED AND DELIVERED ON THIS 5THDAY OF DECEMBER 2024. EDWARD M. MURIITHIJUDGEAppearancesMr. Masila with Ms. Nandwa, Komu & Mukangu for DPP.Mr. Ashaba for 1st Accused.Mr. Karanja for 2nd Accused.