[2024] KEHC 16340 (KLR)
The court found that the prosecution had established a prima facie case against the 1st Accused within the meaning of Bhatt v. R [1957] EA 332. Consequently, in accordance with section 306(2) of the Criminal Procedure Code, the accused was placed on his defence. The court refrained from providing detailed reasons...
Source-derived case information.
- Citation
- [2024] KEHC 16340 (KLR)
- Parties
- Applicant: Republic; Defendant: Jotham Muchui Vernasio
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- The 1st Accused is placed on his defence; mention for directions as to defence hearing set for 21/01/2025.
- Judges
- EM Muriithi
- Legal Topics
- Murder Charge, Manslaughter Plea Bargain, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jotham Muchui Vernasio
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.
- 2 Whether the evidence adduced meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the 1st Accused within the meaning of Bhatt v. R [1957] EA 332. Consequently, in accordance with section 306(2) of the Criminal Procedure Code, the accused was placed on his defence. The court refrained from providing detailed reasons for this finding at this stage, following the guidance in Antony Njue Njeru v. R [2006] eKLR, to avoid prejudicing the fair trial of the accused. The matter was set for mention to fix a date for the defence hearing.
Court Disposition
The 1st Accused is placed on his defence; mention for directions as to defence hearing set for 21/01/2025.
Orders
- The 1st Accused is placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
- The rights of the accused under section 306(2) are explained.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Vernasio (Criminal Case 21 of 2019) [2024] KEHC 16340 (KLR) (19 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16340 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 21 of 2019
EM Muriithi, J
December 19, 2024
Between
Republic
Prosecution
and
Jotham Muchui Vernasio
Accused
Ruling
1. The Court has considered the evidence adduced by the Prosecution witnesses in this matter seeking to prove the charge of murder contrary to section 203 as read with 204 of the Penal Code as against the 1st Accused. The 2nd Accused was convicted and sentenced to imprisonment for 10 years on 13th October 2021 following a plea bargain agreement reducing the initial charge of murder to one of manslaughter contrary to section 202 as read with 205 of the Penal Code.
2. The court is of the opinion that the Prosecution has established a prima facie case within the meaning of Bhatt v. R [1957] EA 332.
3. In accordance with the guidance of the Court of Appeal in Antony Njue Njeru v. R [2006] eKLR, the Court does not give reason for its opinion at this stage so as not to prejudice the fair trial before the Court by giving an impression that it had already made up its mind on the matter.
4. The 1st Accused is placed on his defence in accordance with section 306(2) of the Criminal Procedure Code, and his rights there-under are explained.
5. The defence hearing shall be had on a date to be fixed in consultation with Counsel for the Accused and the DPP.
6. Mention for directions as to Defence hearing on 21/01/2025. Order accordingly.
DATED AND DELIVERED ON THIS 19TH DAY OF DECEMBER 2024. EDWARD M. MURIITHIJUDGEAppearancesMr. Masila, Prosecution Counsel.Mr. Thangicia for the Accused.