[2011] KEHC 1443 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence in accordance with section 306(1) of the Criminal Procedure Code. The ruling does...
Source-derived case information.
- Citation
- [2011] KEHC 1443 (KLR)
- Parties
- Respondent: Republic; Defendant: Christopher Kalume Kapote
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2005
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- 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
Respondent
Christopher Kalume Kapote
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence in accordance with section 306(1) of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the prosecution's case meets the threshold for the accused to be put on his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder in line with section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 8 OF 2005
REPUBLIC.......................................................................................PROSECUTION
=VERSUS=
CHRISTOPHER KALUME KAPOTE......................................................ACCUSED
RULING
The accused person CHRISTOPHER KALUME KAPOTE, faces a charge of MURDER CONTRARY TO SECTON 203 as read with S. 204 OF THE PENAL CODE. The prosecution called a total of six (6) witnesses in support of their case. I have considered the evidence of the prosecution witnesses. I am satisfied that a prima facie case has been made out against the accused. I therefore direct that the accused shall give his defence to this charge in line with S. 306(1) of the Criminal Procedure Code.
Dated and Delivered in Mombasa this 29th day of June 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Odhiambo for Accused
Mr. Ondari holding brief for Mr. Onserio for State