[2021] KEHC 4102 (KLR)
The court found that the prosecution had adduced sufficient evidence on record to establish a prima facie case against the accused. The evidence presented, if believed, could support a conviction for the offence of murder as charged. Therefore, the accused is required to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2021] KEHC 4102 (KLR)
- Parties
- Applicant: Republic; Defendant: William Wanje Iha
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused to be put on his defence.
- Judges
- DB Nyakundi
- Legal Topics
- Murder, Elements of Offence, Case to Answer, Malice Aforethought
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
William Wanje Iha
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced establishes the essential elements of the offence of murder under Section 203 as read with Section 204 of the Penal Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence on record to establish a prima facie case against the accused. The evidence presented, if believed, could support a conviction for the offence of murder as charged. Therefore, the accused is required to be put on his defence in accordance with Section 306(2) as read with Section 307 of the Criminal Procedure Code. The court declined to enter a verdict of not guilty at this stage and directed that the accused be informed of his right to address the court in his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is put on his defence under Section 306(2) as read with Section 307 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
CRIMINAL CASE NO. 15 OF 2019
REPUBLIC............................................................................................PROSECUTOR
VERSUS
WILLIAM WANJE IHA.............................................................................ACCUSED
Coram: Hon. Justice R. Nyakundi
Mr. Mwangi for the state
Ms. Tonia advocate for the accused person
R U L I N G
William Wanje Iha was indicted before this Court for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The brief particulars were that on the 4. 8.2019, at around 2100 hours in Hademu Village, the accused jointly with others not before Court murdered Ramadhan Kalama Kitsao.
The accused having pleaded not guilty, in order to discharge its duty necessary to proof the charge beyond reasonable doubt the state summoned eight witnesses to that effect. With respect to the nature of the evidence required is for the state to proof at the end of the trial the following elements:
(a). That the deceased Ramadhan Kalama Kitsao is dead.
(b). That the death was unlawfully caused.
(c). That in causing death, the accused was motivated by malice aforethought.
(d). That it’s the accused who premeditated directly or indirectly to participate in commission of the offence.
The Law
It is expressly provided under Section 306 of the Criminal Procedure Code that when the evidence of the witnesses for the prosecution has been concluded, the Court has the task to consider, the evidence to establish whether the elements of the offence have been established. If at the end of the prosecution case, there is no evidence to connect the accused the Court shall record a verdict of not guilty. On the other hand, if it considers that there is evidence that the accused person committed the offence, shall inform the said accused of his right to address the Court either personally or through his advocate in his defence.
In Sanjit Chalttal v The State {1985} 39 WLR the Court stated:
“A submission that there is no case to answer may properly be made and upheld (a) when there has been no evidence adduced by the prosecution to prove an essential element in the alleged offence. (b). when the evidence adduced by the prosecution has been discredited that no reasonable tribunal could safely convict on it.”
In the present case, I have taken the liberty to properly evaluate the evidence on record as well as the laid down guiding principles to proof the offence of murder.
In my view, there is sufficient evidence against the accused to warrant him to be put on his defence under Section 306 (2) as read with Section 307 of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 15TH DAY OF SEPTEMBER, 2021
.........................
R. NYAKUNDI
JUDGE
In the presence of:
1. The Accused Person
2. Mugambi advocate holding brief for Mwania for the accused person