[2011] KEHC 645 (KLR)
The court found that the prosecution, having called fourteen witnesses, 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 Section 306(2) of the Criminal Procedure Code. The court did...
Source-derived case information.
- Citation
- [2011] KEHC 645 (KLR)
- Parties
- Respondent: Republic; Defendant: Ali Salim Awadh alias Ali Hassan Majid
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused to be put on his defence.
- Legal Topics
- Murder, 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
Ali Salim Awadh alias Ali Hassan Majid
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
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 fourteen witnesses, 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 Section 306(2) of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage but ruled that the matter should proceed to the defence hearing.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 23 OF 2009
REPUBLIC........................................................................................................................PROSECUTION
=VERSUS=
ALI SALIM AWADH aliasALI HASSAN MAJID....................................................................ACCUSED
RULING
The accused ALI SALIM AWADH alias ALI HASSAN MAJID has been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the PENAL CODE. The accused pleaded ‘not guilty’ to the charge. The prosecution led by MR. ONSERIO learned State Counsel called a total of fourteen (14) witnesses in support of their case. MR. ODHIAMBO Advocate acted for the accused in the matter.
I have considered the evidence adduced by the prosecution witnesses, I am satisfied that a prima facie case has been established against the accused. As such I rule that the accused will give his defence to the charge in accordance with Section 306(2) of the Criminal Procedure Code.
Dated and Delivered in Mombasa this 16th day of December 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Obara holding brief for Mr. Odhiambo
Mr. Onserio for State