[2015] KEHC 1616 (KLR)
The court found that the prosecution's evidence, if left unchallenged, could sustain a conviction for murder against the accused. The evidence established that the accused and the deceased were involved in an altercation resulting in the deceased being fatally stabbed, and the accused was implicated in the act....
Source-derived case information.
- Citation
- [2015] KEHC 1616 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Morara Ondara
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Morara Ondara
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether the evidence presented could sustain a conviction if uncontroverted.
Ratio Decidendi
The court found that the prosecution's evidence, if left unchallenged, could sustain a conviction for murder against the accused. The evidence established that the accused and the deceased were involved in an altercation resulting in the deceased being fatally stabbed, and the accused was implicated in the act. Therefore, a prima facie case was established, necessitating the accused to be put 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 found to have a case to answer and is placed on his defence.
- The accused is informed of his right to address the court and to call witnesses in his defence as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 65 OF 2013
REPUBLIC……………………………………………..PROSECUTOR
VERSUS
CHARLES MORARA ONDARA………………………….ACCUSED
RULING
Charles Morara Ondara, the accused in this case, is charged with murder contrary to section 203 read with section 204 of the Penal Code. It is alleged in the particulars of the offence that on 9th June 2013 at about 19. 00 hours within Ongata Rongai Mayor Road in Kajiado County murdered Victor Mogwasi.
The duty of this court at this stage of the trial is to determine whether the prosecution has made out a prima facie case to require the accused to be put on his defence. I have reviewed and analysed all the evidence of nine (9) prosecution witnesses. The evidence shows that the deceased and the accused were involved in an altercation leading to the stabbing of the deceased as a result of which he died. The accused is implicated in that stabbing. He was arrested and charged with this offence.
My careful analysis leads me to conclude that a reasonable tribunal, and I have no doubt that this court is a reasonable one, properly directing its mind to the law and the evidence could convict on this evidence if no explanation is offered by the defence. Consequently I find that a prima facie case has been established and hereby place the accused on his defence. In compliance with section 306 (2) of the Criminal Procedure Code, I hereby inform the accused person of his right to address this court and inform it how he wishes to defend himself and whether he has any witnesses to call in his defence. It is so ordered.
Dated, signed and delivered this 6th day of October 2015.
S. N. MUTUKU
JUDGE