[2014] KEHC 4222 (KLR)
The court found that the prosecution had adduced evidence, including eyewitness identification and voice recognition, implicating the accused in the murder of the deceased. The evidence was deemed sufficient to establish a prima facie case against the accused, requiring him to be put on his defence. The court relied...
Source-derived case information.
- Citation
- [2014] KEHC 4222 (KLR)
- Parties
- Applicant: Republic; Defendant: Titus Munyao Mukei
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- prima facie case established; accused to be put on his defence
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Titus Munyao Mukei
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
- 2 Whether the evidence adduced is sufficient to warrant the accused being called upon to offer an explanation.
Ratio Decidendi
The court found that the prosecution had adduced evidence, including eyewitness identification and voice recognition, implicating the accused in the murder of the deceased. The evidence was deemed sufficient to establish a prima facie case against the accused, requiring him to be put on his defence. The court relied on the standard set out in Ramanlal T. Bhatt v R, emphasizing that more than a mere scintilla of evidence is required, and that the evidence must be credible and of sufficient weight to warrant a defence. Accordingly, the accused was called upon to offer an explanation as provided by law.
Court Disposition
prima facie case established; accused to be put on his defence
Orders
- The accused is put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
No. 295/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 21 OF 2012
REPUBLIC …..................................................................PROSECUTION
VERSUS
TITUS MUNYAO MUKEI ……….........……………………………….ACCUSED
R U L I N G
Titus Munyao Mukei is charged with the offence of murdercontrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the 6th day of June 2012 at Kyumoni Village, Katulani Sub-location of Katulani District within Kitui County, with others not before court murdered Kweta Mukei
At the close of the prosecution’s case there was evidence adduced by PW2, Paul Mukei who stated that on the material night he was able to see one of the persons who was in company of people who attacked his mother, the deceased herein. He identified the person as the accused herein.
PW3, Mukei Isika stated that he recognized the voice of one of the person who was urging the rest to order the deceased to open the door as that of his son the accused herein.
In the case of Ramanlal T. Bhatt VR [1957] E.A. 332 -it was stated as follows:-
“A prima facie case is not made out if at the close of the prosecution the case is merely one which on full consideration might possibly be thought sufficient to sustain a conviction. The question whether there is a case to answer cannot depend only on whether there is ‘some’ evidence irrespective of the credibility or weight sufficient to put the accused on his defence. A mere scintilla of evidence can never be enough; nor any amount of worthless discredited evidence”.
Evidence of death was adduced. It is stated that one of the person who was in company of the people who did the actual action of fatally injuring the deceased was the accused. This is evidence that would require the accused being called upon to offer an explanation. In the premises, a prima facie case has been established that warrant the accused being put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.
DATED, SIGNED and DELIVEREDat MACHAKOS this 3RDday of JUNE, 2014.
L.N. MUTENDE
JUDGE