[2024] KEHC 12535 (KLR)
The court found that the prosecution, through the testimony of pw2 and circumstantial evidence, established a prima facie case against the accused. Applying the legal standard for a case to answer, the court determined that the evidence, if uncontroverted, could sustain a conviction. Therefore, the accused must be...
Source-derived case information.
- Citation
- [2024] KEHC 12535 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdinassir Noor Ahmed
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- JN Onyiego
- 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
Abdinassir Noor Ahmed
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced by the prosecution, if uncontroverted, would be sufficient to convict the accused.
Ratio Decidendi
The court found that the prosecution, through the testimony of pw2 and circumstantial evidence, established a prima facie case against the accused. Applying the legal standard for a case to answer, the court determined that the evidence, if uncontroverted, could sustain a conviction. Therefore, the accused must be put on his defence as required by section 211 of the Criminal Procedure Code. The court refrained from making definitive findings at this stage to avoid prejudicing the defence, in line with established judicial guidance.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Section 211 of the Criminal Procedure Code to be complied with: accused may give sworn or unsworn testimony or remain silent, and may call witnesses.
Full Case Text
Judgment text and source record
28 paragraphs
Republic v Ahmed (Criminal Case E014 of 2022) [2024] KEHC 12535 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12535 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case E014 of 2022
JN Onyiego, J
October 17, 2024
Between
Republic
Prosecutor
and
Abdinassir Noor Ahmed
Accused
Ruling
1. The accused person is charged of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence being that on 28. 08. 2022 at Hagadera, within Hagadera sub County he unlawfully murdered one Mohamed Omar.
2. He was arraigned before court and upon the charges being read to him, he pleaded not guilty hence a plea of not guilty entered.
3. The matter proceeded to full hearing wherein the prosecution called a total of eight (8) witnesses in order to prove its case. At the close of the prosecution case, both counsel opted not to submit and instead urged the court to deliver its ruling based on the evidence tendered by the prosecution.
4. It is trite that in a criminal trial, once the prosecution closes its case, the court is call upon to make a finding whether the evidence tendered meets the threshold of a primafacie case to enable the court put accused on his defence. A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent.
5. Section 306 (1) of the Criminal Procedure Code does provide as follows:“When the evidence of the witnesses for the Prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of the several accused committed the offence shall, 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.”
6. Having considered the testimonies of the prosecution witnesses, the question is whether the evidence tendered establishes a prima facie case against the accused, or whether the accused has a case to answer.
7. In Republic vs Abdi Ibrahim Owi [2013] eKLR, the court defined a prima facie case as follows:“Prima facie’ is a latin word defined by Black’s Law Dictionary 8th Edition as, “sufficient to establish a fact or raise presumption unless disapproved or rebutted”. ‘Prima facie’ is defined by the same dictionary as “the establishment of a legally required rebuttable presumption.”[ Also see Ramanlal Trambaklal Bhatt vs R [1957] E.A 332].
8. From the above, can this court on the basis of the evidence so far tendered by the prosecution properly directing itself to the law and evidence convict if the accused chooses not to give any evidence?
9. In the case of Ronald Nyaga Kiura vs Republic [2018] eKLR, the court held:“It is important to note that at the close of the Prosecution, what is required in law at this stage is for the trial court to satisfy itself that a prima facie case 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...”
10. The trial court is however cautioned that at this stage, it should not make definitive findings should it conclude that the accused has a case to answer.
11. In Festo Wandera Mukando vs Republic [1980] KLR 103, the court held thus:“...we draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, and an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of “no case” to answer is rejected, the court should say no more than that it is. It is otherwise where the submission is upheld when reasons should be given; for then that is the end to the case or the count or counts concerned.”
12. Without delving into the depths of the witness testimonies, I am satisfied that the Prosecution through the testimony of pw2 and the available circumstantial evidence have established a prima facie case against the accused person to warrant him to be placed on his defence. I therefore find that the accused herein has a case to answer and he is therefore placed on his defence.
13. Accordingly, section 211 of the CPC shall be complied with to the extent that; accused shall be at liberty to give sworn testimony in which case he will be subjected to cross examination by the prosecution; Alternatively, he can opt to give unsworn testimony to which he will not be subjected to cross examination. Third option, he can choose to keep quiet. In either option, he shall be at liberty to call witnesses.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 17TH DAY OF OCTOBER 2024J. N. ONYIEGOJUDGE