[2011] KEHC 1948 (KLR)
The court found that the prosecution, having called ten witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does...
Source-derived case information.
- Citation
- [2011] KEHC 1948 (KLR)
- Parties
- Applicant: Republic; Defendant: Donald Amwayi Shiraku alias Kandamaji
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused to be put 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
Donald Amwayi Shiraku alias Kandamaji
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 ten witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that the evidence presented by the prosecution, if unchallenged, would warrant a conviction, thus necessitating the accused to respond to the case against him.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence in accordance with Section 306(2) 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. 24 OF 2007
REPUBLIC......................................................................................................................PROSECUTION
=VERSUS=
DONALD AMWAYI SHIRAKUalias KANDAMAJI..............................................................ACCUSED
RULING
The accusedDONALD AMWAYI SHIRAKU alias KANDAMAJIhas been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the PENAL CODE. The prosecution called a total of ten (10) witnesses in support of their case. I have considered the evidence adduced by these ten (10) witnesses and I am satisfied that a prima facie case has been made against the accused. I therefore rule that the accused shall give his defence in accordance with S. 306(2) of the Criminal Procedure Code.
Dated and Delivered at Mombasa this 16th day of June 2011.
M. ODERO
JUDGE
In the presence of:
Ms. Odhiang holding brief for Mr. Mushelle
Mr. Onserio for Accused