[2017] KEHC 6640 (KLR)
The court found that the prosecution had failed to adduce any evidence linking the 2nd accused person to the offence, and accordingly, entered a finding of not guilty in his favour pursuant to Section 306(1) of the Criminal Procedure Code. In contrast, the court determined that the evidence presented by the...
Source-derived case information.
- Citation
- [2017] KEHC 6640 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Maganga Mwasighwa; Defendant: Richard Nyambu Mwandoe; Defendant: Doncia Wakesho Mghanda
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The 2nd accused person was acquitted under Section 306(1) of the Criminal Procedure Code. The 1st and 3rd accused persons were found to have a case to answer and were put on their defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Procedure, Acquittal, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Maganga Mwasighwa
Defendant
Richard Nyambu Mwandoe
Defendant
Doncia Wakesho Mghanda
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to require them to be put on their defence.
- 2 Whether there was any evidence linking the 2nd accused person to the offence.
Ratio Decidendi
The court found that the prosecution had failed to adduce any evidence linking the 2nd accused person to the offence, and accordingly, entered a finding of not guilty in his favour pursuant to Section 306(1) of the Criminal Procedure Code. In contrast, the court determined that the evidence presented by the prosecution established a prima facie case against the 1st and 3rd accused persons, sufficient to require them to be put on their defence. The court relied on the statutory requirement to assess whether the prosecution's evidence, if uncontroverted, would warrant a conviction, and concluded that the threshold was met for the 1st and 3rd accused but not for the 2nd accused.
Court Disposition
The 2nd accused person was acquitted under Section 306(1) of the Criminal Procedure Code. The 1st and 3rd accused persons were found to have a case to answer and were put on their defence.
Orders
- The 2nd accused person, Richard Nyambu Mwandoe, is found not guilty and acquitted under Section 306(1) of the Criminal Procedure Code.
- The 1st accused person, Vincent Maganga Mwasighwa, and the 3rd accused person, Doncia Wakesho Mghanda, are found to have a case to answer and are put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 6 OF 2015
REPUBLIC
VERSUS
VINCENT MAGANGA MWASIGHWA……………………...1ST ACCUSED PERSON
RICHARD NYAMBU MWANDOE…………….………….…2ND ACCUSED PERSON
DONCIA WAKESHO MGHANDA…………………………..3RD ACCUSED PERSON
RULING
1. On 17th November 2016, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
2. The court directed counsel for the State and counsel for the Accused persons to file their respective Written Submissions on the question of whether or not the Accused persons had a case to answer. The Accused persons filed their Written Submissions dated 29th November 2016 on even date while the State filed its Written Submissions dated 13th December 2016 on 14th December 2016.
3. When the matter came up in court on 15th December 2016, this court reserved the Ruling as to whether or not the 1st and 3rd Accused persons had a case to answer to 15th February 2017. Having noted from the proceedings that there was no evidence linking the 2nd Accused person to the offence whatsoever, this court recorded a finding of “Not Guilty” as against the 2nd Accused person. This was in line with the provisions of Section 306(1) of the Criminal Procedure Code Cap 75 (Laws of Kenya).
4. Accordingly, having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by counsel for the Accused persons and counsel for the State, the court was of the opinion that a prima facie case had been established against the 1st and 3rdAccused persons to warrant them being put on their Defence. They are hereby put on their defence.
5. It is so ordered.
DATED and DELIVERED at VOI this 15th day of February 2017
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba……………………………………………………. for State
Were…………………………………..……………………for Accused persons
Josephat Mavu– Court Clerk