Case ID:171222

Republic v Julius Kaunyange [2020] eKLR

Case Metadata

Case Number:

Criminal Case 119 of 2018

Parties:

Republic v Julius Kaunyange

Date Delivered:

26 Aug 2020

Case Class:

Criminal

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

Republic v Julius Kaunyange [2020] eKLR

Court Division:

Criminal

County:

Meru

Case Outcome:

Accused placed on his defence

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 119 OF 2018

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

VERSUS

JULIUS KAUNYANGE........................................ACCUSED PERSON

RULING

[1] The accused person was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 of the Laws of Kenya. The prosecution closed its case on 25

th

February 2020; after calling six (6) witnesses. The accused person was to file submissions within fourteen days (14) from the close of the prosecution case the same has not been filed at the time of writing this Ruling. Now I should determine whether or not the prosecution has established a prima facie case against the accused as to call upon him to enter his defence.

[2] This is the question that now falls for determination before this court. See Section 306 of the Criminal Procedure Code which provides that:-

306. (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, 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.

(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.

(3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence.

[4] A

Prima facie

case has been said to be;

‘’…one which a reasonable tribunal properly directing its mind to the law and the evidence would convict if no explanation is offered by the defence’’. See RAMANLAL BHATT vs. R (1957) EA 332(CA)

[5] The accused is facing a charge of murder. Six witnesses gave evidence for the prosecution. Upon perusal of the said evidence adduced, Pw1 to Pw6 all led evidence that the deceased died as a result of multiple cuts from sharp objects with small fracture and brain oedema. The evidence is supported by the post mortem report. They all allege that the accused persons together with others conducted the aforesaid acts.

[9] Upon perusal of the said evidence adduced, there is a

prima facie

case established against the accused. Accordingly, the accused is hereby placed on his defence. The accused person has been duly informed of his right to address the court, either personally or by his advocate, to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence. The accused or his advocate is required to state whether it is intended to call any witnesses as to fact other than the accused person himself. Section 306 of the CPC complied with. It is so ordered.

HON.ANNE ADWERA ONG’INJO

JUDGE

DATED AND DELIVERED AT MERU ON THIS 26

TH

DAY OF AUGUST 2020.

HON.ANNE ADWERA ONG’INJO

JUDGE