Republic v Josphat Mugambi Kalawa [2021] KEHC 1281 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

(CORAM: CHERERE-J)

CRIMINAL CASE NO. 31 OF 2019

BETWEEN

REPUBLIC...................................................................................PROSECUTOR

AND

JOSPHAT MUGAMBI KALAWA......................................................ACCUSED

RULING

1.  JOSPHAT MUGAMBI KALAWA (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 12th April, 2019 at Thuuri Market, Kirimampio Location in Igembe South sub-county within Meru County murdered Patrick Mutwiri

2. The accused person denied committing the offence and the prosecution called a total of four (4) 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 prosecution, 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  09th  DAY OF  DECEMBER 2021

WAMAE. T. W. CHERERE

JUDGE

Court Assistant                             -  Kinoti

Accused                                         -  Present

For the Accused persons             - Ms. Aketch Advocate

For the State                                - Ms. Mwaniki