[2018] KEHC 98 (KLR)
The court found that the evidence presented by the prosecution, including witness testimonies and the medical report attributing the cause of death to a head injury consistent with assault, was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were called upon...
Source-derived case information.
- Citation
- [2018] KEHC 98 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kyai Kikuvi; Defendant: Boniface Musyoka Kyai
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2015
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- accused persons found to have a case to answer; called upon to give their defence
- Judges
- FN Muchemi
- Legal Topics
- Murder Charge, Prima Facie Case, No Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kyai Kikuvi
Defendant
Boniface Musyoka Kyai
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence on record is sufficient to support the charge of murder against the accused persons.
Ratio Decidendi
The court found that the evidence presented by the prosecution, including witness testimonies and the medical report attributing the cause of death to a head injury consistent with assault, was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were called upon to give their defence as the prosecution had met the threshold required at this stage of the proceedings. The court refrained from giving a detailed analysis of the evidence to avoid prejudicing the defence, in line with established appellate guidance.
Court Disposition
accused persons found to have a case to answer; called upon to give their defence
Orders
- The accused persons are found to have a case to answer and are hereby called upon to give their defence.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL CASE NO. 28 OF 2015
REPUBLIC........................................................................PROSECUTION
VERSUS
JOHN KYAI KIKUVI........................................................1ST ACCUSED
BONIFACE MUSYOKA KYAI.........................................2ND ACCUSED
R U L I N G
1. The two accused persons face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. They pleaded not guilty to the offence.
2. At the close of the prosecution's case, the defence filed submissions of no case to answer through Ms. Muriuki counsel representing the accused persons. The summary of the evidence was made and several issues raised including the insufficiency of the evidence to support the charge. It was argued that the prosecution had not made up a prima facie case against the accused persons.
3. The state filed submissions to the effect that a prima facie case had been established relying on the evidence of PW1, PW2 and others. It was submitted that the doctor had formed the opinion that the cause of death was the head injury which was consistent with the assault.
4. I have considered all the issues raised by the defence and thoroughly perused the evidence on record. At this juncture, the court need not give a reasoned ruling to avoid pre-empting the defence of the accused persons.
5. I rely on the case of ANTHONY NJUE NJERU VS REPUBLIC [2008] eKLRwhere the Court of Appeal held:-
We wish to point out that it is undesirable to give a reasoned ruling at the close of the prosecution case, as the learned Judge did here unless the Court concerned is acquitting the accused person.
6. It is my finding that the evidence on record is sufficient to support the charge. The accused persons have a case to answer and are hereby called upon to give their defence.
DATED, DELIVERED AND SIGNED AT EMBU THIS 11TH DAY OF JUNE, 2018.
F. MUCHEMI
JUDGE
In the presence of:-
Ms. Muriuki for accused persons
Ms. Mate for State
Both accused persons present