[2015] KEHC 5457 (KLR)
The court found that, upon reviewing all the evidence on record, including evidence of visual identification and the use of a gun, the prosecution had established a prima facie case against the accused. The judge held that a court properly directing itself to the evidence could return a verdict of guilty, and...
Source-derived case information.
- Citation
- [2015] KEHC 5457 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdi Sheikh Mohamed
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2012
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution's Case
- Outcome
- Accused put on his defence; no acquittal at this stage.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, No Case to Answer, Visual Identification, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdi Sheikh Mohamed
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution's 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 on record sufficiently connects the accused to the offence.
Ratio Decidendi
The court found that, upon reviewing all the evidence on record, including evidence of visual identification and the use of a gun, the prosecution had established a prima facie case against the accused. The judge held that a court properly directing itself to the evidence could return a verdict of guilty, and therefore the accused must be put on his defence. The gaps identified by the defence were not sufficient to warrant an acquittal at this stage. The court thus ruled that the accused should be called upon to answer the case against him.
Court Disposition
Accused put on his defence; no acquittal at this stage.
Orders
- The accused is put on his defence and informed of the three options available to him.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 20 OF 2012
REPUBLIC….……...……………..………………………....PROSECUTION
VERSUS
ABDI SHEIKH MOHAMED…………………………....………DEFENDANT
RULING
At the close of the case or evidence for the prosecution, learned defence counsel Mr. Onono made submissions on no case to answer. Counsel’s submissions were exhaustive. Counsel contended that the prosecution did not establish any connection between the accused and the offence. There were also glaring gaps. As such the accused should not be put on his defence and should be released.
The prosecuting counsel Mr. Okemwa submitted that the evidence on record was sufficient to require that the accused be put on his defence. He submitted that the prosecution had tendered adequate evidence connecting the accused to the offence.
I have perused the evidence on record, part of which was recorded by my predecessor Justice Mutuku. Indeed the incident occurred at night. The evidence related to visual identification as well as the use of a gun.
In my view considering all the evidence on record, the prosecution has established a prima facie case against the accused. A prima facie case is merely a case where a court properly directing itself to the evidence on record may return a verdict of guilty. It is my finding that with the evidence on record this case, the prosecution has established a prima facie case against the accused.
I thus put the accused on his defence and proceed to explain to him the three options available to him.
Dated and delivered at Garissa this 23rd day of April, 2015
GEORGE DULU
JUDGE