[2017] KEHC 8323 (KLR)
The court found that the evidence presented by the prosecution was sufficient to establish a prima facie case against each of the three accused persons. Consequently, the court ruled that each accused had a case to answer and should be put on their defence in accordance with section 211 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2017] KEHC 8323 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdi Alio Mahamad Hassan; Defendant: Abdirizak Mohamed Abdi; Defendant: Mohamed Rashid Shaaban
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Each accused person is found to have a case to answer and is put on their defence.
- Judges
- GMA Dulu
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Procedure, Homicide
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdi Alio Mahamad Hassan
Defendant
Abdirizak Mohamed Abdi
Defendant
Mohamed Rashid Shaaban
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court found that the evidence presented by the prosecution was sufficient to establish a prima facie case against each of the three accused persons. Consequently, the court ruled that each accused had a case to answer and should be put on their defence in accordance with section 211 of the Criminal Procedure Code Cap 75. The judge indicated that the accused would be informed of the options available to them in their defence as provided by law.
Court Disposition
Each accused person is found to have a case to answer and is put on their defence.
Orders
- Each of the accused persons is put on their defence in accordance with section 211 of the Criminal Procedure Code Cap 75.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 15 OF 2013
REPUBLIC ………….....................................................PROSECUTOR
VERSUS
1. ABDI ALIO MAHAMAD HASSAN
2. ABDIRIZAK MOHAMED ABDI.......................................ACCUSEDS
3. MOHAMED RASHID SHAABAN
RULING
At the close of the prosecution case the defence counsel Mr. Ingutya stated that he will not make any submissions on case to answer. The prosecuting counsel Mr. Okemwa stated that the evidence on record linked the accused persons to the death of the deceased and that the prosecution had established a prima facie case requiring the accused to be put on their defences.
Having considered the evidence on record, I am of the view that each of the three accused persons has a case to answer. I thus put each of the accused persons on their defences and will proceed to explain to them the three options available to them in their defences in terms of section 211 of the Criminal Procedure Code Cap 75.
Dated and delivered at Garissa this 13th day of January, 2017
GEORGE DULU
JUDGE