[2008] KEHC 1404 (KLR)
The court found that the evidence of the six prosecution witnesses placed the accused at the scene of the crime and indicated that he was seen assaulting the deceased. The evidence as a whole was sufficient to establish a prima facie case of murder against the accused. Consequently, the accused was placed on his...
Source-derived case information.
- Citation
- [2008] KEHC 1404 (KLR)
- Parties
- Applicant: Republic; Defendant: Christopher Masai Mafuta
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2003
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Christopher Masai Mafuta
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the evidence of the six prosecution witnesses placed the accused at the scene of the crime and indicated that he was seen assaulting the deceased. The evidence as a whole was sufficient to establish a prima facie case of murder against the accused. Consequently, the accused was placed on his defence in accordance with section 306 of the Criminal Procedure Code, as the prosecution had met the threshold required at this stage of the proceedings.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence.
- The accused and/or his counsel should inform the court if he intends to personally testify and whether he would give sworn testimony.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Criminal Case 22 of 2003
REPUBLIC ……………………………………………..PROSECUTOR
VERSUS
CHRISITOPHER MASAI MAFUTA ……..…………………ACCUSED
R U L I N G
Christopher Masai Mafuta is before this court on the information of the Attorney General facing a charge of murder contrary to Section 203 as read with Section 204 of the penal code. The particulars are that on the 20th day of June 2003, at about 5. 00 p.m. at Msengoni village in Mboghoni sub location within Taita Taveta District of the Coast Province, unlawfully murdered Kenio Mnjama. At the close of the prosecution’s case, a total of sic (6) witnesses testified in support of the charge of murder. Both Mr. Monda, the learned Senior State Counsel and Mr. Gekonde, learned defence counsel opted not to make submissions under section 306 of the Criminal Procedure Code.
I have carefully considered the evidence of the six prosecution witnesses. The evidence indicate that the accused was placed at the scene of crime and that he was seen assaulting the deceased. The evidence as a whole indicate that the accused committed the offence of murder. Consequently the accused is hereby placed on his defence. The accused person and or his counsel should now inform this court if he intends to personally testify and if yes whether or not he would give sworn testimony. The accused should also indicate whether or not he would call for the testimonies of independence witnesses.
Dated and delivered at Mombasa this 29th day of July 2008.
J. K. SERGON
J U D G E
In open court in the presence of Mr. Okanga h/b for Gekonde for the Accused and Mr. Monda Learned Senior State Coun