[2004] KEHC 936 (KLR)
The court found that, after considering the evidence of ten prosecution witnesses and the submissions of both counsel, there was sufficient evidence on record to establish a prima facie case against the accused. Although the defence argued that the evidence was largely hearsay and that the alleged murder weapon did...
Source-derived case information.
- Citation
- [2004] KEHC 936 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdalla Alfan Mwadzikondo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2003
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
- Outcome
- accused to be put on his defence
- Legal Topics
- Murder Trial, Prima Facie Case, No Case to Answer, Criminal Procedure, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdalla Alfan Mwadzikondo
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the commission of the offence.
Ratio Decidendi
The court found that, after considering the evidence of ten prosecution witnesses and the submissions of both counsel, there was sufficient evidence on record to establish a prima facie case against the accused. Although the defence argued that the evidence was largely hearsay and that the alleged murder weapon did not have blood linking it to the deceased or accused, the court determined that the totality of the evidence warranted putting the accused on his defence. The court relied on Section 306(2) of the Criminal Procedure Code, which requires the accused to be put on his defence if a prima facie case is established at the close of the prosecution case. The court was satisfied that...
Court Disposition
accused to be put on his defence
Orders
- The accused is hereby put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASACRIMINAL CASE NO.40 OF 2003
REPUBLIC …………………………………………………… PROSECUTOR
VERSUS
ABDALLA ALFAN MWADZIKONDO ….………..…………… ACCUSED
Coram: Before Hon. Justice Mwera Miss Mwaniki for the State Miss Jin - No appearance for the accused person Court clerk – Mitoto
R U L I N G
After hearing ten (10) prosecution witnesses the State closed its case. Mr. Munyao who has the conduct of this case (from Ms. Jin w.e.f. 30-6-04) submitted that a prima facie case had not been made out to warrant the accused to be put on his defence.
That evidence so far had not linked the accused to the commission of the offence and that even PW.1 (Masud Serai) who claimed to have been at the scene on the night (not 9. 30 a.m.) of the incident did not come across clearly with the vital details e.g. as to time, exact spot and whether the accused had/left with the knife (the murder weapon. That the other evidence was basically hearsay and in any case the knife which the accused is said to have given to the police was examined by a government analyst and no blood was found on it – either of the accused or the deceased.
The learned State Counsel’s position was that the evidence on record was sufficient to put the accused on his defence. After hearing both counsel and perusing the evidence so far adduced the court is of the view that the accused be put on his defence in accordance with S.306 (2) Criminal Procedure Code.
Order delivered on 22nd November, 2004.
J.W. MWERA JUDGE