[2017] KEHC 9498 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Titus Ngamau Musila Katitu, for the murder of Kenneth Kinani Mwangi. This finding was based on the evidence presented by the prosecution, the circumstances of the alleged offence, and the accused's status as a police...
Source-derived case information.
- Citation
- [2017] KEHC 9498 (KLR)
- Parties
- Applicant: Republic; Defendant: Titus Ngamau Musila Katitu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 78 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Police Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Titus Ngamau Musila Katitu
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
- 2 Whether the evidence presented is sufficient to warrant the accused to answer the charge of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Titus Ngamau Musila Katitu, for the murder of Kenneth Kinani Mwangi. This finding was based on the evidence presented by the prosecution, the circumstances of the alleged offence, and the accused's status as a police officer. The court emphasized that the threshold at this stage is not proof beyond reasonable doubt but whether there is sufficient evidence to require the accused to answer the charge. Consequently, the accused was put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence to answer the charge of murder.
- The accused is advised of his rights under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 78 OF 2014
REPUBLIC.............................................................PROSECUTOR
VERSUS
TITUS NGAMAU MUSILA KATITU...............................ACCUSED
RULING
The accused faces a charge of murder contrary to Section 203 of the Penal Code as read with Section 204 thereof the particulars of which are that on the 14th day of March, 2013 at Githurai 45 bus stage in Nairobi county murdered KENNETH KINANI MWANGI.
At the close of the prosecution case the prosecution submitted that a prima facie case had been made out to enable the court put the accused on his defence based on the evidence of the prosecution witnesses tendered.
This position has also been taken by the family of the victim. The accused on the other hand has offered no submission and left it to the court.
At this stage the issue is not whether the prosecution has proved its case beyond reasonable doubt but as to whether a case has been made out to enable the court put the accused on his defence.
Based on the evidence tendered before me and taking into account the fact that the accused person is alleged to had committed the offence while on his duties as a police officer in an area where he was so popular that upon his arrest the people of the area held demonstrations and closed the road and the fact that upon this court releasing him on bail the then Senator for Nairobi now Governor stood surety for him and or paid the bond sum, this court finds and holds that a prima facie case has been made by the prosecution against the accused person to enable the court put him on his defence which I hereby do so as to enable him state his side of the story if he so wishes.
The accused is advised of his rights under Section 306 of the Criminal Procedure Code and will now through the advice of his counsel choose how he wishes to defend himself.
DATED, DELIVERED and SIGNED at Nairobi this 4th day of October, 2017.
……………….
J. WAKAIGA
JUDGE
In the presence of:-
Miss Mwaniki for the State
Ms Kali for Ombeta for the accused
Accused presence
Court clerk Tabitha