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High CourtOther

Republic v Francis Muteti Muli

High Court of Kenya
26 May 2020
DKD. K. Kemei
1,380 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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The court found enough evidence of assault and death to proceed with the murder charge, requiring the accused to mount a formal defence.

What this practically means

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Executive summary

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Francis Muteti Muli was charged with the murder of Nathan Maweu Mbula, allegedly committed on the night of 19th and 20th October 2016, contrary to sections 203 as read with section 204 of the Penal Code. At the close of the prosecution case, which comprised thirteen witnesses, the defence submitted that no prima facie case had been established and sought acquittal, while the State urged that the accused be placed on his defence under section 307 of the Criminal Procedure Code. The prosecution relied on the eyewitness testimony of PW1 and PW2, who saw the accused attack the deceased with a club, post mortem evidence from Dr Timothy Onyina establishing death from head injury secondary to blunt force trauma, and evidence of a long-standing land dispute between the accused and the deceased bearing on malice aforethought. The court, applying Ramanlal T. Bhatt v R and the no-case principles from Sanjit Chaittal v The State, held that a prima facie case requires evidence on which a reasonable tribunal could convict absent any defence explanation, and that at this stage the standard is not proof beyond reasonable doubt. Finding the eyewitness evidence sufficient to establish the ingredients of murder and the accused's participation, D. K. Kemei J ruled that the accused had a case to answer and called upon him to elect his defence under section 306(2) of the Criminal Procedure Code. This is an interlocutory ruling, not a final determination of guilt.

Key legal issues

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01

Whether a prima facie case of murder was established

Holding

Yes; the evidence of PW1 and PW2 that the accused was seen assaulting the deceased, coupled with the post mortem evidence of death by blunt force trauma and the prior land dispute, required the accused to explain his role

Reasoning

The court evaluated the thirteen prosecution witnesses and found death and its cause not in dispute. Eyewitness evidence of the accused attacking the deceased with a club, against the backdrop of a land dispute, established participation on the face of the evidence. The standard at this stage is not proof beyond reasonable doubt.

p. 2

Legal principles established

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  • A prima facie case is established where the evidence is such that a reasonable tribunal, properly directing its mind on the law and evidence, would convict if no explanation is set up by the defence; it cannot rest on a mere scintilla of evidence
  • At the close of the prosecution case the standard of proof is not proof beyond reasonable doubt; evidence which on its face establishes the essential ingredients suffices

Court orders

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  1. 1.The accused is found to have a case to answer and is called upon to elect to conduct his defence in line with section 306(2) of the Criminal Procedure Code
Jurisdiction invoked
Original criminal jurisdiction over murder contrary to sections 203 as read with section 204 of the Penal Code; Criminal Procedure Code sections 306(2) and 307

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 Francis Muteti Muli", Case Analysis (2020). . Source:

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