[2019] KEHC 1592 (KLR)
The court found that the prosecution had adduced sufficient evidence through the testimonies of ten witnesses to establish a prima facie case against both accused persons for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Accordingly, the court ruled that each accused...
Source-derived case information.
- Citation
- [2019] KEHC 1592 (KLR)
- Parties
- Applicant: Republic; Defendant: Bwanadi Omar Bwanadi; Defendant: Abdi Ali Mohamed
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- case to answer found; accused to be put on their defence
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bwanadi Omar Bwanadi
Defendant
Abdi Ali Mohamed
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through the testimonies of ten witnesses to establish a prima facie case against both accused persons for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Accordingly, the court ruled that each accused must be put on their defence in accordance with section 306 of the Criminal Procedure Code. The ruling did not make any findings on the ultimate guilt or innocence of the accused but determined that the threshold for a case to answer had been met.
Court Disposition
case to answer found; accused to be put on their defence
Orders
- Each accused is invited to elect their mode of defence in accordance with section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARSEN
CRIMINAL CASE NO 12 OF 2016
REPUBLIC...................................PROSECUTOR
VERSUS
BWANADI OMAR BANADI.......1ST ACCUSED
ABDI ALI MOHAMED.............. 2ND ACCUSED
RULING
1. Bwanado Omar Bwanadi (1st Accused) and Abdi Ali Mohamed (2nd Accused) are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, cap 63 Laws of Kenya.
2. The particulars of the offence are that on the 10th day of June, 2016 at Mbwajumwali village in Lamu East Sub-County within Lamu County jointly murdered Mohamed Shee Mohamed Omar.
3. The prosecution case proceeded before Ongeri J where she heard 8 witnesses before she was transferred to another station. I took over the trial and heard 2 witnesses after the Accused elected to have the matter proceed from where it had reached. At the close of the prosecution case, both the prosecution and defence filed written submissions.
4. I have carefully considered the evidence on record. I have also considered the submissions of the parties.
5. It is my finding that the prosecution has established a prima faciecase against the 1st and 2nd accused. Each accused is invited to elect their mode of defence in accordance with section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Garsen on this 30th day of September, 2019.
...........................
R. LAGAT KORIR
JUDGE
In the presence of:
The 1st and 2nd Accused
S.Pacho, Court Assistant
Mr. Nyongesa h/b for Mr. Gekanana for 1st &2nd Accused
Mr. Mwangi for the Respondent