[2017] KEHC 4375 (KLR)
The court found that, after reviewing the evidence of the five prosecution witnesses, the case against the accused was based on circumstantial evidence. However, the court determined that the evidence, when taken as a whole, established a prima facie case against the accused. The court noted that the accused's...
Source-derived case information.
- Citation
- [2017] KEHC 4375 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Chacha Masuri
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 101 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- AC Mrima
- Legal Topics
- Circumstantial Evidence, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Charles Chacha Masuri
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 his being placed on his defence.
- 2 Whether the circumstantial evidence adduced is sufficient to require the accused to answer the charge.
Ratio Decidendi
The court found that, after reviewing the evidence of the five prosecution witnesses, the case against the accused was based on circumstantial evidence. However, the court determined that the evidence, when taken as a whole, established a prima facie case against the accused. The court noted that the accused's denial of further contact with the deceased was contradicted by prosecution witness testimony. Consequently, the court ruled that the accused had a case to answer and should be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence.
- Section 306(2) of the Criminal Procedure Code is duly complied with.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 101 OF 2014
REPUBLIC...............................................PROSECUTOR
VERSUS
CHARLES CHACHA MASURI.......................ACCUSED
RULING
I have carefully perused the evidence of the five prosecution witnesses in this case. I do agree with the defence that the evidence against the accused person is purely circumstantial. It is not in doubt that there are instance where the accused person was with the deceased. I have also scrutinized the evidence of PW3 that when the accused person was confronted by the brothers to the deceased he denied that he had met the deceased at any other time save the afternoon of the previous day before the deceased died. PW3 disproved that.
By taking the evidence as a whole, I find that the accused person has a case to answer. He is hereby placed on his defence accordingly, Section 306 (2) of the Criminal Procedure Code duly complied. .
DELIVERED, DATEDandSIGNED at MIGORI this 12th day of June 2017.
A.C. MRIMA
JUDGE