[2018] KEHC 10097 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Daniel Maingi Sila, based on the evidence of PW1 and PW4. The court emphasized that at this stage, it is not required to determine whether the prosecution has proved its case beyond reasonable doubt, but only whether there...
Source-derived case information.
- Citation
- [2018] KEHC 10097 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Maingi Sila
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 97 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on his defence; prima facie case established.
- Judges
- J Wakiaga
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- 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
Daniel Maingi Sila
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to make a defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Daniel Maingi Sila, based on the evidence of PW1 and PW4. The court emphasized that at this stage, it is not required to determine whether the prosecution has proved its case beyond reasonable doubt, but only whether there is sufficient evidence to require the accused to make a defence. The court relied on the principle that a case to answer may be found even in borderline situations, as articulated in REPUBLIC v JAGJIVAN M. PATEL & Others. Accordingly, the accused was put on his defence to respond to the prosecution's case.
Court Disposition
Accused put on his defence; prima facie case established.
Orders
- The accused is hereby put on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 97 OF 2014
REPUBLIC.....................................................PROSECUTOR
VERSUS
DANIEL MAINGI SILA.......................................ACCUSED
RULING
1. The accused DANIEL MAINGI SILA was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on 1st October, 2014 at Kayaba slums in Industrial Area within Nairobi County murdered REBECCA MWENDE KIIO.
2. He pleaded not guilty to the said charges and to prove its case the prosecution called a total of nine (9) witnesses and at the close of the prosecution case it was submitted that a prima facie case had been proved against the accused.
3. On behalf of the accused it was submitted that the prosecution failed o establish a prima facie case against the accused person and its case was based on uncorroborated evidence of PW1, PW2 and PW4. It was submitted that there was no evidence entered to tie the accused to the scene of crime.
4. At this stage, the issue is not whether or not the prosecution has established a case against the accused person beyond reasonable doubt but whether a case has been made to justify calling upon the accused person to offer an explanation as was stated in the case of REPUBLIC v JAGJIVAN M. PATEL & Others (1) TLR as follows:-
“All the court has to decide at the close of the evidence in support of the charge is whether a case is made out against the accused just sufficiently to require him to make a defence, it may be a strong case or a weak case. The court is not required at this stage to apply its mind in deciding finally whether the evidence is worthy of credit or whether if believed it is weighty enough to prove the case conclusively beyond reasonable doubt. A ruling that there is a case to answer would be justified in my opinion in a border line case where the court, though not satisfied as to the conclusiveness of the prosecution evidence, is yet of the opinion that the case made out is one which on full consideration might possibly be thought sufficient to sustain a conviction.”
5. I have taken into account the evidence of PW1 and PW4 and without saying much thereon so as not to compromise the accused defence find and hold that a prima facie case has been established against the accused person to enable the court put him on his defence which I hereby do. The accused shall with the advice of his defence elect how he intends to defend himself.
DATED, SIGNED and DELIVERED at Nairobi this 24th day of January, 2018
..........................
J. WAKIAGA
JUDGE
In the presence of:-
Mr. Meroka for the State
Mr. Amutala for the accused
Accused present
Court clerk Karwitha