[2014] KEHC 1277 (KLR)

[2014] KEHC 1277 (KLR)

The court found that the prosecution, through the testimony of eight witnesses, had established a prima facie case against the accused for the offence of murder. This finding was based on the evidence presented, which, if unchallenged, would be sufficient to justify a conviction. Consequently, the court invoked Section 306(1) of the Criminal Procedure Code to require the accused to enter his defence. The court also reminded the accused of his constitutional rights regarding the manner of giving his defence.

Citation
[2014] KEHC 1277 (KLR)
Parties
Applicant: Republic; Defendant: David Githu Samuel
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
14 November 2014
Case Number
Criminal Case 104 of 2009
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused put on his defence.
Judges
MJA Emukule
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Rights of Accused
Source Language
English
Criminal Law Murder Prima Facie Case Criminal Procedure Rights of Accused

Case Brief

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Parties

Republic

Applicant

David Githu Samuel

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court found that the prosecution, through the testimony of eight witnesses, had established a prima facie case against the accused for the offence of murder. This finding was based on the evidence presented, which, if unchallenged, would be sufficient to justify a conviction. Consequently, the court invoked Section 306(1) of the Criminal Procedure Code to require the accused to enter his defence. The court also reminded the accused of his constitutional rights regarding the manner of giving his defence.

Court Disposition

Accused put on his defence.

Orders

  • The accused is put on his defence under Section 306(1) of the Criminal Procedure Code.
  • The accused is reminded of his constitutional rights regarding the manner of defence.