Republic v Njeru & another [2023] KEHC 19301 (KLR)

Republic v Njeru & another (Criminal Case 12 of 2017) [2023] KEHC 19301 (KLR) (27 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19301 (KLR)

Republic of Kenya

In the High Court at Embu

Criminal Case 12 of 2017

LM Njuguna, J

June 27, 2023

Between

Republic

Prosecution

and

Edwin Munene Njeru

1st Accused

Nicasio Chomba Simon

2nd Accused

Ruling

1. The accused persons herein were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence being that on the 4th day of June, 2017 at Ithithe village, Kibugu Location, Embu North Sub–County, within Embu County jointly with others not before court murdered Boniface Mutugi Nyaga. Upon arraignment in court, they pleaded not guilty and a plea of not guilty was entered for each of them.

2. The case proceeded for trial and wherein the prosecution called eight (8) witnesses in support of its case; after which the prosecution closed its case.

3. Under Section 306 of the Criminal Procedure Code (Cap. 75 Laws of Kenya), this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused persons committed the offence should, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.

4. Under section 306(2) on the other hand, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is evidence that the accused person committed the offence, the court should proceed to place the accused person on his defence and whereby the accused is supposed to present evidence in his defence.

5. As such, at this stage, this court’s role is to consider the evidence on record and make a determination as to whether the same presents a prima facie case that would warrant this court to call upon the accused persons to give their defence. Under section 211 of the Criminal Procedure Code, a prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. [See Ramanlal Trambaklal Bhattvs Republic [1957] E.A 332 at 334 and 335].

6. However, it is trite that, where the court is not acquitting the accused person at the close of prosecutions’ case, there is no need for a reasoned ruling for a case to answer. Reasons should only be given where the submissions of a no case to answer by the accused is upheld and the accused is to be acquitted. [See Festo Wandera Mukandovs Republic [1980] KLR 103].

7. I have considered the evidence tendered by the prosecution in this matter as required of this court and from the entirety of the said evidence, it is my view that the prosecution has made up a prima facie case against the accused persons. Each of them has a case to answer and they are placed on their defence.

8. It is so ordered.

DELIVERED, DATED AND SIGNED AT EMBU THIS 27TH DAY OF JUNE, 2023. L. NJUGUNAJUDGE.............for the Accused Persons..............for the State