Republic v Lawrence Mwangi Njuguna David [2022] KEHC 2466 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 3 OF 2018

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

-VERSUS-

LAWRENCE MWANGI NJUGUNA DAVID..................................ACCUSED

RULING

1. The court at this point is considering whether the prosecution has proved prima facie case against Lawrence Mwangi Njuguna David.  The prosecution called a total of seven witnesses to prove the charge of murder against the accused. Prima facie case was stated to be in the case RAMBAKLALA BHATT VS. REPUBLIC (1957) EA 332 as follows:-

“It may not be easy to define what is meant by a prima facie case, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”

2. I have considered the evidence of the seven prosecution’s witnesses and I am satisfied that there is evidence which suffices for the accused to be called to defend himself.

3. In accordance with Section 306 of the Criminal Procedure Code, the accused is hereby informed that he has a right to address the court, either personally or by his advocate and to give evidence on his own behalf, or to make unsworn statement, and to call witnesses in his defence.  The accused is requested to make his election on how he shall defend himself.

RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022.

MARY KASANGO

JUDGE

Coram:

Court Assistant: Maurice

Accused: LAWRENCE MWANGI NJUGUNA DAVID : present

For accused: - Farah

For DPP: - Mr. Kasyoka and Mr. Benjamin

COURT

RULINGdelivered virtually.

MARY KASANGO

JUDGE