Republic v Kalii [2022] KEHC 11753 (KLR)

Republic v Kalii (Murder Case 7 of 2017) [2022] KEHC 11753 (KLR) (22 April 2022) (Ruling)

Neutral citation: [2022] KEHC 11753 (KLR)

Republic of Kenya

In the High Court at Voi

Murder Case 7 of 2017

JN Onyiego, J

April 22, 2022

Between

Republic

Prosecutor

and

Charles Mutuku Kalii

Accused

Ruling

1. The accused herein was arraigned before Voi high court on September 5, 2017 charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that in between the night of August 22, 2017 and morning of August 23, 2017 at Njukini Trading Centre in Taveta Sub-county within Taita Taveta County murdered Gabriel Mutuku Kalii and Evanton Paul Kalii. Upon taking a plea of not guilty, prosecution called a total of 8 witnesses and closed their case.

2. The case partly proceeded before my sister Farah Amin and later I took over. My humble duty at this stage is to make finding whether the prosecution has established a prima facie case to warrant the court put accused on his defence.

3. It is trite that a prima facie case however does not mean that a case has to be proved beyond reasonable doubt. It simply means that the prosecution has established with a reasonable degree that there is a high possibility that the accused may have committed the offence. SeeR Bhatt Vs Republic ( 1957) EA 332 where the court held that a prima facie case does not mean a case proved beyond any reasonable doubt, since at this stage the court has not heard evidence for the defence.

4. From the evidence tendered before this court and exhibits produced, I am satisfied that the prosecution has established a prima facie case to warrant accused being called upon to make his defence. Accordingly, accused is put on his defence. Pursuant to section 306 of the Criminal Procedure Code, accused is explained to his rights that; he shall be at liberty to give sworn testimony or unsworn testimony or keep quiet and that if he has witnesses he wish to call be at liberty to call them.

DATED SINGED AND DELIVERED VIRTUALLY AT MOMBASA THIS 22ND DAY OF APRIL, 2022J. N. OYINEGOJUDGE