[2023] KEHC 19717 (KLR)
The court found that, taking the totality of the evidence presented by the prosecution, a prima facie case had been established against the accused persons. The evidence, if uncontradicted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in...
Source-derived case information.
- Citation
- [2023] KEHC 19717 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdikarim Ahmed Aden; Defendant: Dahir Harun Bulle
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2020
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- JN Onyiego
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdikarim Ahmed Aden
Defendant
Dahir Harun Bulle
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 persons to require them to tender a defence.
- 2 Whether the evidence adduced by the prosecution, if uncontradicted, would warrant a conviction.
Ratio Decidendi
The court found that, taking the totality of the evidence presented by the prosecution, a prima facie case had been established against the accused persons. The evidence, if uncontradicted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court emphasized that at this stage, it is not necessary for the prosecution to have proved the case beyond reasonable doubt, but only to have established a case sufficient to call for an answer from the accused.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- Accused persons to elect to give sworn or unsworn testimony or remain silent.
- Accused persons have the right to call witnesses in their defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Aden & another (Criminal Case 9 of 2020) [2023] KEHC 19717 (KLR) (7 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19717 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case 9 of 2020
JN Onyiego, J
July 7, 2023
Between
Republic
Prosecution
and
Abdikarim Ahmed Aden
1st Accused
Dahir Harun Bulle
2nd Accused
Ruling
1. Accused persons were arraigned before this court on September 28, 2020 jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63) Laws of Kenya. Particulars are that on September 3, 2020 at Hagadera Refugee Camp in Fafi Sub-County within Garissa County jointly and unlawfully murdered Mohamed Ali Mohamed.
2. After returning a plea of not guilty, the matter proceeded to trial with the prosecution calling 8 witnesses.
3. I have considered the evidence tendered by the prosecution and cross examination thereof. At this stage, the duty of the Court is to make a finding whether the evidence tendered by the prosecution is sufficient to establish aprimafaciecase to call upon the accused to tender his defence.
4. In the case of R Bhatt Vs Republic (1957) EA 332, the Court held that a primafacie case does not mean a case proved beyond any reasonable doubt, since at this stage, the court has not heard the evidence for the defence. Taking the totality of the evidence by the prosecution, I am satisfied that the prosecution has established a primafacie case to warrant accused persons being called upon to tender their defence pursuant to Section 306 of CPC.
5. Consequently, accused persons shall elect to give sworn or unsworn testimony or keep quiet. They shall however have a right to call witnesses if any.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF JULY 2023……………………J.N. ONYIEGOJUDGE