- Michael Echwa alias Mathenge, the Accused, is charged with Murder contrary to Section 203 as read with section 204 of the Penal Code. Particulars being that on 31/8/2020 at Uaso Narok Nyahururu Sub-County he murdered William Leirapa (Deceased).
- At the close of the prosecution’s case, this court is required to establish if a prima facie case has been made out requiring the accused to be placed on his defence. In the celebrated case of Ramanlal Trambaklal Bhatt v Republic [1957] E.A 332, it was stated that:
“Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot argue that a prima facie case is merely one which on full consideration might possibly be thought sufficient to sustain a conviction. This is perilously near suggesting that the court could not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case, nor can we argue that the question whether there is a case to answer depends only on whether there is “some evidence irrespective of its credibility or weight sufficient to put the accused on his defence.”
ii. A mere scintilla of evidence can never be enough nor can any amount of worthless discredited evidence… It may not be easy to define what is meant by 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.”
- This is a case where the Accused was with the deceased when he allegedly called PW1 Florence Leira and asked her to go take him home as he was already dead and when confronted he ran away. Thereafter neighbours heard screams. They went only to find the deceased dead with visible injuries on the head. The cause of death was found to be severe blunt force trauma to the head.
- Evidence adduced is circumstantial, but, would require require some explanation by the Accused as to what transpired.
- Therefore, I am satisfied that the prosecution has demonstrated a prima facie case against the Accused as defined in the case of Bhatt v Republic (supra), that requires him to address the court in his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.
- It is so ordered.