[2010] KEHC 248 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Charles Ndoro Chaka, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence adduced was sufficient to require the accused to be put on his...
Source-derived case information.
- Citation
- [2010] KEHC 248 (KLR)
- Parties
- Applicant: Republic; Respondent: Charles Ndoro Chaka
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, 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 Ndoro Chaka
Respondent
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 warrant his being put on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Charles Ndoro Chaka, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that, if the accused chose to remain silent, a reasonable tribunal could convict on the evidence presented. Therefore, the accused was called upon to give his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused, Charles Ndoro Chaka, is hereby called upon to give his defence in compliance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 4 OF 2007
REPUBLIC ……………………………..................……. PROSECUTOR
VERSUS
CHARLES NDORO CHAKA ........................................................ RESPONDENT
RULING
The Accused person CHARLES NDORO CHAKA faces a charge of Murder contrary to S. 203 as read with S. 204 of the Penal Code of Kenya. The particulars of the offence were that
“On the night of 16th/17th December 2006 at about 1. 00 A.M. at Torori Village Musulwa Location of Kwale District within Coast Province murdered MORRIS NDORO CHAKA”
The accused entered a plea of ‘not guilty’ to the charge and his trial commenced before the High Court sitting in Mombasa on 28th November 2007. The prosecution led by MR. ONSERIO, learned State Counsel called a total of eight (8) witnesses in support of their case. MR. MUSHELLE, Advocate appeared for the Accused. I have given careful consideration to the evidence adduced by the 8 prosecution witnesses. I am satisfied that a prima facie case has been established by the prosecution. As such I do hereby direct that the accused be called upon to give his defence in compliance with S. 306(2) of the Criminal Procedure Code.
Read out in open court on the 1st day of December 2010.
Mr. Mwakireti holding brief for Mr. Mushelle.
M. ODERO
JUDGE
1/12/2010