[2019] KEHC 9745 (KLR)
The court found that, notwithstanding the absence of a postmortem report signed by a medical officer, the prosecution's evidence on record was sufficient to establish a prima facie case against the accused. The court applied the principle that a prima facie case exists where a reasonable tribunal, properly directing...
Source-derived case information.
- Citation
- [2019] KEHC 9745 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdiharam Barissa
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdiharam Barissa
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at 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 absence of a postmortem report precludes a finding of a prima facie case in a murder trial.
Ratio Decidendi
The court found that, notwithstanding the absence of a postmortem report signed by a medical officer, the prosecution's evidence on record was sufficient to establish a prima facie case against the accused. The court applied the principle that a prima facie case exists where a reasonable tribunal, properly directing itself to the law and evidence, could convict if no explanation is offered by the defence. The court further noted that it is not mandatory for death to be confirmed solely through a postmortem report, and each case must be considered on its own facts and circumstances. Consequently, the accused was put on his defence in accordance with section 211 of the Criminal Procedure Code.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused is put on his defence and informed of the three options available under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 11 OF 2014
REPUBLIC.................................................PROSECUTOR
VERSUS
ABDIHARAM BARISSA..................................ACCUSED
RULING
1. This case has been pending since 2014. For a long time the prosecution and the defence asked the court to grant adjournments to facilitate plea bargain. Ultimately, the Principal Prosecuting Counsel Mr. Okemwa informed the court that though the father of the victim signed the written agreement, the mother declined to do so. The prosecution thereafter on 29th November 2018 closed their case and asked court to decide whether a prima facie case has been established for the accused to be put on his defence.
2. In the case of Ramanlal Bhatt vs R [1957] EA 332 at 334 the East African Court of Appeal stated:
“It may not be easy to define what is meant by a prima facie case but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
3. The above reasoning has been applied by courts consistently, and I only need to cite the later Court of Appeal decision in Anthony Njue Njeru vs Republic – Nairobi Criminal Appeal No. 77 of 2006 [2006] eKLR where the same reasoning was applied.
4. In short, a prima facie case is one where considering the evidence on record, and if the accused does not say anything in response, a reasonable court might convict.
5. By the time the prosecution closed its case, no postmortem report signed by a medical officer had been produced in court as an exhibit. I appreciate however that it is not mandatory that death be confirmed through production of a medical postmortem report. Each case has to be considered on its own facts and circumstances.
6. With the prosecution evidence herein on record, I find that the prosecution has established a prima facie case against the accused person. I thus put the accused person on his defence and proceed to explain to him the three options available to him under section 211 of the Criminal Procedure Code.
Dated and delivered at Garissa this 28th day of February, 2019.
……….……………………
George Dulu
JUDGE