[2020] KEHC 2131 (KLR)
The court found that the prosecution's evidence, including witness testimony, the production of the alleged murder weapon, and the postmortem report, was sufficient to establish a prima facie case against the accused. Therefore, the accused must be put on his defence as required by law when the prosecution has made...
Source-derived case information.
- Citation
- [2020] KEHC 2131 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdullahi Abdikadir Abdi
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdullahi Abdikadir Abdi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including witness testimony, the production of the alleged murder weapon, and the postmortem report, was sufficient to establish a prima facie case against the accused. Therefore, the accused must be put on his defence as required by law when the prosecution has made out a case that, if uncontradicted, would warrant a conviction. The court did not make any findings on the merits of the evidence at this stage but determined that the threshold for a case to answer had been met.
Court Disposition
Accused put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 3 OF 2017
REPUBLIC...................................PROSECUTION
VERSUS
ABDULLAHI ABDIKADIR ABDI.......ACCUSED
RULING
1. The accused Abdullahi Abdikadir Abdi was charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars being that on 19/8/2017 at Hagedera Refugee Camp in Fafi District within Garissa County unlawfully murdered one Muhidin Mohamed Issack.
3. He pleaded not guilty and the prosecution called 4 witnesses and produced the attack weapon and the postmortem by consent. The prosecution closed its case at this stage.
4. After going through the evidence on record I have come to conclusion that the prosecution has established a prima facie case to warrant putting accused on his defence.
5. Orders accordingly.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF OCTOBER, 2020.
……………….………………
C. KARIUKI
JUDGE