[2021] KEHC 2092 (KLR)
The court, after considering the evidence of four prosecution witnesses, found that a prima facie case had been established against the accused, Wilson Kaunyangi Karuri, for the offence of murder. The court applied the standard set out in Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335, which requires that at...
Source-derived case information.
- Citation
- [2021] KEHC 2092 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Kaunyangi Karuri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2017
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
- Outcome
- Accused put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, 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
Wilson Kaunyangi Karuri
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court, after considering the evidence of four prosecution witnesses, found that a prima facie case had been established against the accused, Wilson Kaunyangi Karuri, for the offence of murder. The court applied the standard set out in Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335, which requires that at the close of the prosecution's case, the evidence must be sufficient to require the accused to be put on his defence, but not necessarily to prove guilt beyond reasonable doubt at this stage. The court emphasized that the final determination of the credibility and weight of the evidence is reserved for after the defence case. Consequently, the accused was called upon to defend...
Court Disposition
Accused put on his defence.
Orders
- The accused person is called upon to defend himself as provided under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL CASE NO. 52 OF 2017
BETWEEN
REPUBLIC................................................................................................PROSECUTOR
AND
WILSON KAUNYANGI KARURI................................................................ACCUSED
RULING
1. WILSON KAUNYANGI KARUI (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 charge are that on the 16th day of July 2017 at Mwiyo Village Muringene location, in Igembe Central within Meru County murdered EUNICE MUTHONI KAUNYANGI.
2. The accused person denied committing the offence and the prosecution called a total of 4 (four) witnesses in support of their case. Upon the prosecution closing its case this court has to determine whether or not the prosecution has established a prima facie case against the accused as defined in the case Ramanlal Trambaklal Bhatt vs Rex [1957] EA 332, 335.
3. 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.
4. Having considered the evidence tendered by the four prosecution witnesses I am persuaded that a prima facie case has been established that warrants this court to call upon the Accused person to defend himself.
5. Accordingly, the Accused person will proceed as provided under Section 306 (2) of the Criminal Procedure Code.
DATED THIS 18THDAY OF NOVEMBER, 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused persons - Mr. Mwiti Advocate
For the State - Mr. Magoma