[2010] KEHC 608 (KLR)
The court found that the prosecution, having called ten witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the court directed that the accused be called upon to give his defence...
Source-derived case information.
- Citation
- [2010] KEHC 608 (KLR)
- Parties
- Applicant: Republic; Defendant: Akida Mwangolo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2009
- Procedural Posture
- Criminal Trial / Ruling on Prima Facie Case After Prosecution's Case
- Outcome
- Accused to be 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
Applicant
Akida Mwangolo
Defendant
Procedural Posture
Criminal Trial / Ruling on Prima Facie Case After Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the court directed that the accused be called upon to give his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the prosecution's case meets the threshold for the accused to be put on his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall be called upon to give his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL (MURDER) CASE NO. 25 OF 2009
REPUBLIC …………………………….. PROSECUTION
VERSUS
AKIDA MWANGOLO ……………….……… ACCUSED
RULING
The accusedAKIDA MWANGOLOwas arraigned in court on a charge of MURDER CONTRARY TO SECTION 203 as read with S. 204 OF THE PENAL CODE. The accused entered a plea of ‘not guilty’ to the charge and his trial commenced on 24th February 2010. The prosecution called a total of ten (10) witnesses in support of their case. I have given careful consideration to the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall be called upon to give his defence in accordance with S. 306(2) of the Criminal Procedure Code.
Dated and Delivered in Mombasa this 15th day of November 2010.
M. ODERO
JUDGE
Read in open court in the presence of:-
Ms. Odhiang for Accused
Mr. Onserio for State
M. ODERO
JUDGE
15/11/2010