[2007] KEHC 1385 (KLR)
The court found that the prosecution, through the testimony of eight witnesses, including those present at the scene, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented was deemed adequate to require the accused to be put on his defence for the charge of...
Source-derived case information.
- Citation
- [2007] KEHC 1385 (KLR)
- Parties
- Applicant: Republic; Defendant: Arafat Daudi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 91 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Arafat Daudi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses, including those present at the scene, had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented was deemed adequate to require the accused to be put on his defence for the charge of murder. The court, after reviewing the testimonies and cross-examinations, concluded that the threshold for a case to answer had been met in accordance with the applicable legal standards.
Court Disposition
accused put on his defence
Orders
- The accused is to be put on his defence against the charge of murder.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)
CRIMINAL CASE 91 OF 2005
REPUBLIC…………………………………….………PROSECUTOR
VERSUS
ARAFAT DAUDI……….……………........………………..ACCUSED
R U L I N G
[On whether or not Accused has a case to Answer]
The accused ARAFAT DAUDI was charged with the murder of SONOSI YUSUF SONOSI, which murder allegedly took place on 3/2/1005, at about 7. 30p.m. at Kibera Makina, within Nairobi Province.
The accused was charged with the murder herein above, on 1/9/2005.
The prosecution called eight (8) witnesses. The witnesses included those who were present at the scene of crime at the time the offence was allegedly committed.
I have carefully perused the testimony of the eight witnesses, including their answers during the cross-examination by the Learned Defence Counsel, and I have found and reached the conclusion that the prosecution has adduced sufficient evidence to show that the accused has a case to answer.
Accordingly, I rule that the prosecution has established a prima facie case warranting the accused to be put on his defence against the charge of murder of SONOSI YUSUF SONOSI on 3rd February, 2005.
Accused to be put on his defence.
It is so ruled.
DATED and delivered on this 10th Day of December, 2007.
O.K. MUTUNGI
JUDGE