[2022] KEHC 10110 (KLR)
The court, after considering the evidence of fourteen prosecution witnesses and the legal standard for a prima facie case as set out in Bhatt v Republic, found that the prosecution had established a prima facie case against the accused. The evidence, if unchallenged, could lead to a conviction. Therefore, the...
Source-derived case information.
- Citation
- [2022] KEHC 10110 (KLR)
- Parties
- Applicant: Republic; Defendant: Cyrus Maina Wariri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 78 of 2019
- Procedural Posture
- Criminal Trial / Ruling at Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder Charge, 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
Cyrus Maina Wariri
Defendant
Procedural Posture
Criminal Trial / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, could lead to a conviction.
Ratio Decidendi
The court, after considering the evidence of fourteen prosecution witnesses and the legal standard for a prima facie case as set out in Bhatt v Republic, found that the prosecution had established a prima facie case against the accused. The evidence, if unchallenged, could lead to a conviction. Therefore, the accused is required to provide an explanation and is placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Wariri (Criminal Case 78 of 2019) [2022] KEHC 10110 (KLR) (Crim) (28 April 2022) (Ruling)
Neutral citation: [2022] KEHC 10110 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 78 of 2019
LN Mutende, J
April 28, 2022
Between
Republic
Prosecution
and
Cyrus Maina Wariri
Accused
Ruling
1. Cyrus Maina Mwariri, the Accused, is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Having denied the charge of murdering Kelvin Mburu Nyamu, deceased, he was taken through trial and at the close of the prosecution’s case a total of fourteen (14) witnesses testified.
2. In the case of Bhatt vs. Republic (1957) EA 332, It was stated that :“Prima facie case was defined as 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. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively,-that final determination can only properly be made when the case for the defence has been heard.…..”
3. Upon hearing evidence of prosecution witnesses and having considered what a prima facie case entails as per the principle enunciated in the Bhatt case (Supra) I find the prosecution having established a prima facie case requiring an explanation by the accused.
4. Accordingly, the accused is hereby placed on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.
5. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 28TH DAY OF APRIL, 2022. L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Odour holding brief for Ms. Parklea for the State.AccusedCourt Assistant – Mutai