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1. The accused, RICHARD MOKUA MONGARE alias RICHARD BATER I is charged with two counts of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars are that on the night of 26th and 27th January 2021 at Nyamiacho Village, Nyamira North Suc-County within Nyamira County jointly with others not before the court murdered Victor Gisemba Momanyi and Olipha Bochere
2. The prosecution closed its case after calling a total of six (6) witnesses in support of its case.
3. The question at this stage is whether the prosecution has established a prima facie case against the accused sufficient to warrant his being placed on his defence on both counts, under Section 306(2) of the Criminal Procedure Code.
4. The guiding principle is well settled. In Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332 , the Court of Appeal held that:
“A prima facie case 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. The same principle was reiterated in Anthony Njue Njeru v Republic [2006] eKLR , where the Court of Appeal stated that:
“A prima facie case is not one that must necessarily result in a conviction if uncontroverted; it is one which, if not controverted, might reasonably sustain a conviction.”
6. At this stage, the Court is not concerned with whether the prosecution has proved the charge beyond reasonable doubt, but whether sufficient evidence exists which, if left unchallenged, would justify a conviction.
7. Having considered the totality of the evidence tendered by the six prosecution witnesses, and guided by the principles in the above authorities, I am satisfied that the prosecution has established a prima facie case against the accused on both counts of murder.
Appearances
Court Assistant - Orwasa
Accused - Present
For Accused - Ms. Shilwatso
For the DPP - Mr. Chirchir
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1. The accused, RICHARD MOKUA MONGARE alias RICHARD BATER I is charged with two counts of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars are that on the night of 26th and 27th January 2021 at Nyamiacho Village, Nyamira North Suc-County within Nyamira County jointly with others not before the court murdered Victor Gisemba Momanyi and Olipha Bochere
2. The prosecution closed its case after calling a total of six (6) witnesses in support of its case.
3. The question at this stage is whether the prosecution has established a prima facie case against the accused sufficient to warrant his being placed on his defence on both counts, under Section 306(2) of the Criminal Procedure Code.
4. The guiding principle is well settled. In Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332 , the Court of Appeal held that:
“A prima facie case 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. The same principle was reiterated in Anthony Njue Njeru v Republic [2006] eKLR , where the Court of Appeal stated that:
“A prima facie case is not one that must necessarily result in a conviction if uncontroverted; it is one which, if not controverted, might reasonably sustain a conviction.”
6. At this stage, the Court is not concerned with whether the prosecution has proved the charge beyond reasonable doubt, but whether sufficient evidence exists which, if left unchallenged, would justify a conviction.
7. Having considered the totality of the evidence tendered by the six prosecution witnesses, and guided by the principles in the above authorities, I am satisfied that the prosecution has established a prima facie case against the accused on both counts of murder.
Appearances
Court Assistant - Orwasa
Accused - Present
For Accused - Ms. Shilwatso
For the DPP - Mr. Chirchir
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