1.The accused faces the charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code. Particulars of the charge are that on 14th February 2021 at Kambevo village, Gikuuri Sub-location, Runyenjes location in Embu East sub-county, Embu County, the accused murdered Alexander Munene Njiru.
2.The accused took a plea of not guilty and the same was duly entered. The case proceeded to trial and the prosecution called ten (10) witnesses and then rested their case.
3.This court is tasked under Section 306 of the Criminal Procedure Code, with making a ruling on whether or not the accused person has a case to answer and whether the prosecution has established a prima facie case. The provision states:Section 306 (1) of the Criminal Procedure Code:
4.The court in the case of Republic Vs Abdi Ibrahim Owi (2013) eKLR, defined a prima facie case as follows:
5.In other words, a prima facie case is a rebuttable presumption that the accused person is guilty of the offence. This is the position held at Section 211 of the Criminal Procedure Code. Further, in the case of Ramanlal Trambaklal Bhatt Vs. R (1957) E.A 332 at 335, the court stated as follows:
6.Nevertheless, where the court is not acquitting the accused person, there is no need to give a deep reasoning in a ruling for case to answer. The case would have been otherwise where there was a submission on ‘no case to answer’ as the court would have been required to give its reasons for considering that the accused has no case to answer.
7.I have considered the evidence by the prosecution in its entirety and it is my considered view that a prima facie case has been established. The accused person has a case to answer and is therefore put to his defense.
8.It is so ordered.