[2024] KEHC 1226 (KLR)
The court, after considering the evidence adduced by the prosecution and guided by Section 306 of the Criminal Procedure Code, found that the prosecution had established a prima facie case against the accused. The evidence, if uncontroverted, would be sufficient to sustain a conviction. Therefore, the accused is...
Source-derived case information.
- Citation
- [2024] KEHC 1226 (KLR)
- Parties
- Applicant: Republic; Defendant: Ismail Bidu Bante
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is put 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
Ismail Bidu Bante
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution, if uncontroverted, would be sufficient to convict the accused.
Ratio Decidendi
The court, after considering the evidence adduced by the prosecution and guided by Section 306 of the Criminal Procedure Code, found that the prosecution had established a prima facie case against the accused. The evidence, if uncontroverted, would be sufficient to sustain a conviction. Therefore, the accused is required to be put on his defence in accordance with the law. The court further noted that detailed reasons are not necessary at this stage unless the accused is acquitted on a submission of no case to answer, which is not the case here.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
- The accused is advised of his rights to give sworn or unsworn testimony or to remain silent, and to call witnesses if he so wishes.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Bante (Criminal Case 11 of 2018) [2024] KEHC 1226 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1226 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case 11 of 2018
JN Onyiego, J
February 15, 2024
Between
Republic
Prosecutor
and
Ismail Bidu Bante
Accused
Ruling
1. The accused person herein is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 05. 10. 2018 at Kibilay Location in Habaswein Sub County within Wajir County murdered Rahma Dekow Gabow. Upon arraignment in court, he pleaded not guilty and a plea of not guilty was entered.
2. The case proceeded for trial with the prosecution calling Six (6) witnesses in support of its case thus inviting this court to make a finding whether the prosecution has a case to answer or not.
3. Under section 306 of the Criminal Procedure Code Cap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Section 306(1) does provide that, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused person committed the offence, it should, 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.
4. Under section 306(2) on the other hand, when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is evidence that the accused person committed the offence, the court should proceed to put the accused to his defence.
5. As such, at this stage, this court’s role is to consider the evidence on record and make a determination as to whether the same presents a prima facie case that would warrant this court to call upon the accused person to give his defence. Under section 211 of the Criminal Procedure Code, a prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict if no other explanation in rebuttal is offered by an accused person. [See Ramanlal Trambaklal Bhatt v R [1957] E.A 332 at 334 and 335].
6. However, it is trite that, where the court is not acquitting the accused person at the close of prosecution’s case, there is no need for a reasoned ruling for a case to answer. Reasons should only be given where the submission of a no case to answer by the accused is upheld and the accused is to be acquitted. [See Festo Wandera Mukando v Republic [1980] KLR 103].
7. I have considered the evidence tendered by the prosecution in this matter as required of this court and from the entirety of the said evidence, it is my view that the prosecution has made a prima facie case against the accused person. He therefore has a case to answer and is put on his defence.
8. Accordingly, the accused has a right to elect whether to give sworn testimony in which case he will be subjected to cross examination by the prosecution. Secondly, he can elect to give unsworn testimony in which case he will not be subjected to cross examination. Lastly, he can elect to keep quiet. In either choice, he shall be at liberty to call witnesses.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 15TH DAY OF FEBRUARY 2024J.N. ONYIEGOJUDGE