[2024] KEHC 5871 (KLR)
The court, applying the standard for a prima facie case as articulated in Ramanlal T. Bhatt v R and section 306 of the Criminal Procedure Code, found that the prosecution's evidence, if unchallenged, could support a conviction for murder. The court refrained from providing detailed reasoning at this stage to avoid...
Source-derived case information.
- Citation
- [2024] KEHC 5871 (KLR)
- Parties
- Applicant: Republic; Defendant: Isa Mohamud Wako alias Guyo Mohamud Wako
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 92 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- EM Muriithi
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isa Mohamud Wako alias Guyo Mohamud Wako
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be put on his defence under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, applying the standard for a prima facie case as articulated in Ramanlal T. Bhatt v R and section 306 of the Criminal Procedure Code, found that the prosecution's evidence, if unchallenged, could support a conviction for murder. The court refrained from providing detailed reasoning at this stage to avoid prejudicing the accused's right to a fair trial, as established in Kibera Karimi v R and related authorities. Consequently, the court held that the accused has a case to answer and must be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused shall be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
- The rights of the accused under section 306(2) shall be explained to him.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Wako alias Guyo Mohamud Wako (Criminal Case 92 of 2018) [2024] KEHC 5871 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5871 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 92 of 2018
EM Muriithi, J
May 23, 2024
Between
Republic
Prosecution
and
Isa Mohamud Wako alias Guyo Mohamud Wako
Accused
Ruling
1. The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that he “On the 29th day of September 2018 at Manyatta Shambole, Merti sub-County of Isiolo County within Eastern Region armed with dangerous weapon namely knife stabbed and murdered Guyo Karau Guyo.” The accused person pleaded not guilty to the charge and upon trial the prosecution called 9 witnesses to prove the charge.
2. The court has considered as required under section 306 of the Criminal Procedure Code whether there is the evidence that the accused person committed the offence. At this stage, the court considers the prosecution evidence to establish whether a prima facie case exists, which as held in Ramanlal T. Bhatt v R (1957) EA 332, 335 is “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
3. The court finds that a prima facie case has been established but does not give its detailed reasons so that, as held in Kibera Karimi v R (1979) KLR 36 (Trevelyan & Todd JJ), it does not prejudice the fair trial of the case by giving the impression that the Court has already made up its mind without hearing the defence. See also Festo Wandera Mukando v R (1976 – 80) KLR 1626 and Antony Njue Njeru v R, Nairobi C.A. Cr. Appeal No 77 of 2006 and the Kenya Judiciary Criminal Procedure Benchbook, 2018 at 99-100.
4. In the language of section 306 of the Criminal Procedure Code, the Court considers that there is the evidence that the accused person committed the offence, having regard to the elements of the offence of murder.
Orders 5. Consequently, the accused shall be put on his defence in accordance with section 306 (2) of the Criminal Procedure Code, and his rights thereunder shall be explained.
6. Mention on 20/6/2024 for directions as to Defence hearing.Order accordingly.
DATED AND DELIVERED ON THIS 23RD DAY OF MAY 2024. EDWARD M. MURIITHIJUDGEAppearancesMs. B. Nandwa, Mr. Masila & Ms. Rita, Prosecution Counsel for the DPP.Mr. Kaimenyi for Accused.