1. The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars being that on 05th March 2024 at Iyonga Village, Bonyakino Sub-location, Nyagokiani Location in Nyamira North Sub-County within Nyamira County, she murdered James Amoro Onchiri.
2. The prosecution, having called nine witnesses, has now closed its case. What falls for determination at this stage is whether the evidence so far placed before the court meets the threshold required to call upon the accused to answer the charge in terms of section 306(2) of the Criminal Procedure Code.
3. The guiding principle is that articulated in Ramanlal T. Bhatt v R [1957] EA 332, namely whether the evidence, if left uncontroverted, could sustain a conviction by a properly directed tribunal.
4. From the record, there is medical evidence confirming both the fact and cause of death. There is further material placing the accused in the company of the deceased before he went missing, alongside other surrounding circumstances relating to the discovery of the body and certain items connected to the incident.
5. At this stage, and without delving into the probative value or resolving any inconsistencies in that evidence, I am persuaded that a prima facie case has been disclosed.
6. The accused is hereby placed on her defence under section 306(2) of the Criminal Procedure Code.
7. She shall be informed of her right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.
2. The prosecution, having called nine witnesses, has now closed its case. What falls for determination at this stage is whether the evidence so far placed before the court meets the threshold required to call upon the accused to answer the charge in terms of section 306(2) of the Criminal Procedure Code.
3. The guiding principle is that articulated in Ramanlal T. Bhatt v R [1957] EA 332, namely whether the evidence, if left uncontroverted, could sustain a conviction by a properly directed tribunal.
4. From the record, there is medical evidence confirming both the fact and cause of death. There is further material placing the accused in the company of the deceased before he went missing, alongside other surrounding circumstances relating to the discovery of the body and certain items connected to the incident.
5. At this stage, and without delving into the probative value or resolving any inconsistencies in that evidence, I am persuaded that a prima facie case has been disclosed.
6. The accused is hereby placed on her defence under section 306(2) of the Criminal Procedure Code.
7. She shall be informed of her right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.