[2013] KEHC 728 (KLR)
The court found that the prosecution, having called six witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directed that the accused shall...
Source-derived case information.
- Citation
- [2013] KEHC 728 (KLR)
- Parties
- Respondent: Republic; Defendant: Adey Abdi Robo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, 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
Respondent
Adey Abdi Robo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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, having called six witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directed that the accused shall answer to the charge of murder as provided under Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused put on his defence.
Orders
- The accused shall answer to the charge of murder.
- Hearing set for 18th February, 2014 for defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 36 OF 2010
REPUBLIC…..……..……………………………………………RESPONDENT
VERSUS
ADEY ABDI ROBO……………………………..……………………ACCUSED
RULING
The accused ADEY ABDI ROBO faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. I have carefully considered the evidence adduced by the six (6) prosecution witnesses. I am satisfied that a prima facie case has been established against the accused. I therefore direct that the accused shall answer to the charge.
Dated and delivered in Mombasa this 16th day of December, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Chebukaka h/b Ms. Mushelle for Accused
Mr. Ayodo for State
Court Clerk Mutisya
Court:
Hearing 18th February, 2014 for defence.
M. ODERO
JUDGE
16TH DECEMBER, 2013