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High CourtOtherHigh Court Criminal Murder No. 12 of 2014 (Consolidated with Murder 22 of 2014)

Republic v Geoffrey Wachira Muthoni, Henry Munene Mugure, Samuel Murimi Wandia & Joseph Njagi Muriithi

High Court of Kenya
23 July 2020
1,037 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The prosecution presented enough evidence for the court to proceed with the murder trial, requiring the accused to mount a defense.

What this practically means

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Executive summary

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This is a ruling on whether the accused have a case to answer in a murder trial before the High Court at Kerugoya. The four accused persons were jointly charged with the murder of Titus Mwangi Muiruri, allegedly committed on 9 September 2013 at Mahigaini village, Tembere Location within Kirinyaga County, contrary to section 203 as read with section 204 of the Penal Code. The charge was consolidated with Murder Case No. 22 of 2014. The accused denied the charge and the prosecution called twelve witnesses before closing its case. The court, presided over by L.W. Gitari J, framed the sole question as whether a prima facie case had been established to warrant placing the accused on their defence under section 306 of the Criminal Procedure Code, whose three subsections were set out in full. The judge applied the classic test in Ramanlal Trambaklal Bhatt v Republic - that a prima facie case is one on which a reasonable tribunal properly directing its mind to the law and evidence could convict if no explanation is offered by the defence - and the formulation in Republic v Jagijwan M. Patel that the court need only find a case sufficiently made out to require a defence, whether strong or weak, without finally weighing credibility or conclusiveness. Noting that the court need not give reasons at this stage, the judge found a prima facie case established and ordered, under section 306(2), that each accused be informed of the right to address the court personally or by advocate, give evidence, make an unsworn statement, or call defence witnesses, and to state whether they intend to call witnesses as to fact. The ruling was dated 23 July 2020 at Kerugoya.

Key legal issues

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01

Whether a prima facie case was established against the four accused for murder

Holding

A prima facie case was established warranting each accused to be placed on his defence under Section 306(2) of the Criminal Procedure Code

Reasoning

The court applied the Bhatt test of prima facie case and the Patel formulation that at the close of the prosecution case the court need only find a case sufficiently strong or even weak to require a defence. Weighing the evidence of the twelve prosecution witnesses in its entirety, the judge found the threshold met and did not give detailed reasons, holding that reasons are not required at this stage.

p. 2
02

The standard applicable at the close of the prosecution case

Holding

The court is not required at this stage to decide finally whether the evidence is worthy of credit or weighty enough to prove the case beyond reasonable doubt

Reasoning

Relying on Ramanlal Trambaklal Bhatt v Republic and Republic v Jagijwan M. Patel, the court held that a ruling of case to answer is justified even in a borderline case where the court, though not satisfied as to conclusiveness, considers the case might possibly sustain a conviction. The burden in criminal cases rests on the prosecution to establish a prima facie case.

p. 2

Legal principles established

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  • A prima facie case is 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
  • At the close of the prosecution case the court need only decide whether the case is sufficiently made out to require the accused to make a defence; it need not finally weigh conclusiveness or credibility

Court orders

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  1. 1.Finding that a prima facie case has been established warranting the accused persons to be placed on their defence
  2. 2.Under Section 306(2), the accused are informed of their right to address the court either personally or by their advocate, or to give evidence each on his own behalf, or to make unsworn statements and call witnesses in their defence
  3. 3.The accused shall state whether they intend to call any witnesses as to fact other than their own testimonies
Jurisdiction invoked
Section 306 of the Criminal Procedure Code; murder charge under sections 203 and 204 of the Penal Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Geoffrey Wachira Muthoni, Henry Munene Mugure, Samuel Murimi Wandia & Joseph Njagi Muriithi", Case Analysis (2020). High Court Criminal Murder No. 12 of 2014 (Consolidated with Murder 22 of 2014). Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.