[2017] KEHC 9148 (KLR)
The court found that, based on the evidence presented by the prosecution, particularly the testimonies of PW1, PW3, and PW7 Dr. Peter Ndegwa, a prima facie case had been established against the accused. The court emphasized that at this stage, it is not required to determine whether the prosecution has proved its...
Source-derived case information.
- Citation
- [2017] KEHC 9148 (KLR)
- Parties
- Respondent: Republic; Defendant: Timothy Kibogo Chochi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- J Wakiaga
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Timothy Kibogo Chochi
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 putting him on his defence.
- 2 Whether the evidence adduced by the prosecution justifies calling upon the accused to make a defence.
Ratio Decidendi
The court found that, based on the evidence presented by the prosecution, particularly the testimonies of PW1, PW3, and PW7 Dr. Peter Ndegwa, a prima facie case had been established against the accused. The court emphasized that at this stage, it is not required to determine whether the prosecution has proved its case beyond reasonable doubt, but only whether there is sufficient evidence to require the accused to make a defence. The court was satisfied that the threshold for a case to answer had been met and accordingly put the accused on his defence, advising him of his rights under Section 306 of the Criminal Procedure Code.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence under Section 306 of the Criminal Procedure Code.
- The accused is advised of his right to make a defence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 94 OF 2011
REPUBLIC …………………………..………………………………. PROSECUTOR
VERSUS
TIMOTHY KIBOGO CHOCHI……………………………………..……….ACCUSED
RULING
1. The accused TIMOTHY KIBOGO CHOCHI was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on 28th November, 2011 at Pipeline Estate in Nairobi area within Nairobi County murdered JESSE MBUGUA KARANJA.
2. He pleaded not guilty to the said charge and to prove its case the prosecution called a total of eight witnesses and at the close of the prosecution case the defence opted not to make any submission as to whether the prosecution had made up a prima facie case.
3. At this stage, the issue is not whether or not the prosecution has established a case against the accused person beyond reasonable doubt but whether a case has been made to justify calling upon the accused person to offer an explanation as was stated in the case of REPUBLIC v JAGJIVAN M. PATEL & Others (1) TLR as follows:-
“All the court has to decide at the close of the evidence in support of the charge is whether a case is made out against the accused just sufficiently to require him to make a defence, it may be a strong case or a weak case. The court is not required at this stage to apply its mind in deciding finally whether the evidence is worthy of credit or whether if believed it is weighty enough to prove the case conclusively beyond reasonable doubt. A ruling that there is a case to answer would be justified in my opinion in a border line case where the court, though not satisfied as to the conclusiveness of the prosecution evidence, is yet of the opinion that the case made out is one which on full consideration might possibly be thought sufficient to sustain a conviction.”
4. From the evidence tendered and without saying much at this stage having taken into account the evidence of PW1, PW3 and PW7 Dr. PETER NDEGWA I am satisfied that the prosecution has made up a prima facie case against the accused person to enable the court put the accused person on his defence which I hereby do. The accused is therefore advised of his right under Section 306 of Criminal Procedure Code.
DATED, DELIVERED and SIGNED at Nairobi this 25th day of July, 2017.
…………………………………….
J. WAKIAGA
JUDGE
In the presence of:-
Mrs. Kinoti for the State
Miss Omungala for the accused
Accused present
Tabitha court clerk