[2015] KEHC 3630 (KLR)
The court found that, despite the absence of eyewitnesses, the circumstantial evidence presented by the prosecution was sufficient to establish a prima facie case against the accused. The accused was among the last persons seen with the deceased, and the totality of the evidence warranted that he be placed on his...
Source-derived case information.
- Citation
- [2015] KEHC 3630 (KLR)
- Parties
- Applicant: Republic; Defendant: Boniface Nashali Chomo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Accused to be placed on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Nolle Prosequi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Boniface Nashali Chomo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence presented, though lacking eyewitnesses, is sufficient to connect the accused to the offence.
Ratio Decidendi
The court found that, despite the absence of eyewitnesses, the circumstantial evidence presented by the prosecution was sufficient to establish a prima facie case against the accused. The accused was among the last persons seen with the deceased, and the totality of the evidence warranted that he be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, justifying the continuation of proceedings against the accused.
Court Disposition
Accused to be placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence pursuant to Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 24 OF 2011
REPUBLIC ::::::::::::::::::::::::::::: PROSECUTOR.
VERSUS
BONIFACE NASHALI :::::::::::::::::::: ACCUSED.
RULING
BONIFACE NASHALI CHOMO, the Accused person herein, was charged jointly with JAFRED ISANYA MUKEYA and SUSAN KHAYESI ASHEVIRAwith the murder of one CHARLES KHANGATSI MUTEKA.
On denying the charge, the case was fixed for hearing but prior to the hearing two important events occurred. First, JAFREED ISANYA MUKEYA died while in remand. The case against him having abated was terminated. Second, the State entered a Nolle Prosequi against SUSAN KHAYESI ASHEVIRA thereby leaving BONIFACE NASHALI as the only Accused person in this case.
A total of four witnesses testified and although there were no eye witnesses, evidence was tendered to the effect that the Accused person was among the people last seen with the deceased.
In consideration of the said evidence, this Court is satisfied that a prima-facie case was proved against the Accused person herein to warrant him be placed on his defence.
Section 306 Criminal Procedure Code to be complied with.
DELIVERED, DATED and SIGNED at Kakamega this 23rd day of July, 2015
C. MRIMA
JUDGE