[2023] KEHC 17994 (KLR)
The court found that the prosecution had established a prima facie case against the accused, David Siloba Achala, for the offence of murder. The evidence presented by the prosecution, if left unchallenged, would be sufficient to warrant a conviction. Therefore, in accordance with section 306 of the Criminal...
Source-derived case information.
- Citation
- [2023] KEHC 17994 (KLR)
- Parties
- Applicant: Republic; Defendant: David Siloba Achala
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- RN Nyakundi
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Siloba Achala
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused sufficient to require him to be put on his defence.
- 2 Whether the evidence on record, if uncontroverted, would warrant a conviction.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, David Siloba Achala, for the offence of murder. The evidence presented by the prosecution, if left unchallenged, would be sufficient to warrant a conviction. Therefore, in accordance with section 306 of the Criminal Procedure Code, the accused is required to be put on his defence. The court emphasized that the determination at this stage is not whether the accused is guilty beyond reasonable doubt, but whether there is sufficient evidence to require an answer from the accused. The final determination of guilt or innocence will be made at the conclusion of the defence case.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence pursuant to section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Achala (Criminal Case 19 of 2019) [2023] KEHC 17994 (KLR) (2 June 2023) (Ruling)
Neutral citation: [2023] KEHC 17994 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Case 19 of 2019
RN Nyakundi, J
June 2, 2023
Between
Republic
Prosecution
and
David Siloba Achala
Accused
Ruling
1. The accused person was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. the particulars of the offence are that on February 26, 2019, at Kapsoya estate, within Uasin Gishu County, the accused person murdered Fiona Kisuya.
2. The question that this court has to deal with and answer at this stage is, whether based on the evidence before this Court, the Court after properly directing its mind to the law and the evidence may, as opposed to will, convict if the accused chose to give no evidence. In Ronald Nyaga Kiura vs Republic [2018] eKLR the court held as follows:'It is important to note that at the close of prosecution, what is required in law at this stage is for the trial court to satisfy itself that a prima facie has been made out against the accused person sufficient enough to put him on his defence pursuant to the provisions of Section 211 of the Criminal Procedure Code. A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. This is well illustrated in the cited Court of Appeal case of RAMANLAL BHAT -VS- REPUBLIC [1957] EA 332. At that stage of the proceedings the trial court does not concern itself to the standard of proof required to convict which is normally beyond reasonable doubt. The weight of the evidence however must be such that it is sufficient for the trial court to place the accused to his defence.'
3. Under section 306 of the Criminal Procedure Code Cap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused person committed the offence should, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
4. Having considered the material placed before me I am satisfied that the prosecution has established a prima facie case for the purposes of a finding that the accused has a case to answer. As to whether the said evidence on record meet the threshold for convicting the accused is a matter that will have to be considered at the end of the trial.I accordingly place the accused on his defence.
DELIVERED VIA E-MAIL DATED AND SIGNED AT ELDORET ON THIS 2ND DAY OF JUNE 2023……………………………………R. NYAKUNDIJUDGEmarkmugun@gmail.com, wakigamwa@yahoo.comcr. no. 19 of 2019 0