1. The accused, Douglas Nyagechanga Makori, is charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 31st March 2022 at Mogusii Sub-Location, Borabu Sub-County, Nyamira County, he murdered Ruth Gechemba Mosina and Zablon Makori Nyagechanga.
2. The prosecution closed its case after calling five witnesses. The court is now required to determine whether the prosecution has established a prima facie case sufficient to warrant placing the accused on his defence.
3. In determining that question, the court is guided by the principle enunciated in Ramanlal Trambaklal Bhatt v Republic [1957] EA 332 that a prima facie case is one on which a reasonable tribunal, properly directing itself on the law and the evidence, could convict if the accused elected to remain silent.
4. I have carefully considered the evidence adduced by the prosecution. The post-mortem reports produced in evidence establish the deaths of Ruth Gechemba Mosina and Zablon Makori Nyagechanga and disclose the causes of their deaths. Without making any determination on the weight, credibility or sufficiency of the evidence, which are matters reserved for the final judgment, I am satisfied that the prosecution has established a prima facie case requiring the accused to be called upon to answer the charges.
5. Accordingly, I find that the accused has a case to answer and I hereby place him on his defence under section 306(2) of the Criminal Procedure Code, whereupon he shall be informed of his rights under that provision.
2. The prosecution closed its case after calling five witnesses. The court is now required to determine whether the prosecution has established a prima facie case sufficient to warrant placing the accused on his defence.
3. In determining that question, the court is guided by the principle enunciated in Ramanlal Trambaklal Bhatt v Republic [1957] EA 332 that a prima facie case is one on which a reasonable tribunal, properly directing itself on the law and the evidence, could convict if the accused elected to remain silent.
4. I have carefully considered the evidence adduced by the prosecution. The post-mortem reports produced in evidence establish the deaths of Ruth Gechemba Mosina and Zablon Makori Nyagechanga and disclose the causes of their deaths. Without making any determination on the weight, credibility or sufficiency of the evidence, which are matters reserved for the final judgment, I am satisfied that the prosecution has established a prima facie case requiring the accused to be called upon to answer the charges.
5. Accordingly, I find that the accused has a case to answer and I hereby place him on his defence under section 306(2) of the Criminal Procedure Code, whereupon he shall be informed of his rights under that provision.