Republic v Mikelina Mwontura & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE 25 OF 2012 REPUBLIC VERSUS MIKELINA MWONTURA............................1ST ACCUSED PAUL MURURU alias KILEBWA................2ND ACCUSED RULING Whether accused has case to answer [1] The two accused persons named above were charged with murder contrary to Section 203 as read with Section 204 of the Penal code CAP 63 of the Laws of Kenya. The particulars of the offence are that on 16th day of March 2012 at Ntoombo village, Kimachia Location in Tigania West District within Meru County, jointly with others not before court, murdered John Npaaru. [2] The prosecution called 6 witnesses. Upon close of their case, the prosecution and the defence submitted each in support of their respective stand points. [3] Now, the task of the court is to consider the evidence so far tendered by the prosecution to determine whether a prima facie case has been established to justify calling upon the accused to enter his defence. [4] According to the case of Ramanlal Trambaklal Bhatt v. R [1957] E.A 332 at 334 and 335: 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”. [5] I have carefully considered the evidence tendered by the prosecution. I have also considered the arguments by the state counsel and the defence counsel. At this stage, it suffices to state that, I am satisfied that a prima facie case has been made out against the accused persons as to require them to enter into their defence. Accordingly, each accused is called upon to enter into their defence. Each of the accused person is also informed of the right to address the court, either personally or by advocate, to give evidence on own behalf, or to make an unsworn statement, and to call witnesses in his or her defence. The accused or their advocate shall state whether it is intended to call any witnesses as to fact other than the accused person himself.

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