[2015] KEHC 6096 (KLR)
The court found that the prosecution had established a prima facie case against both accused persons, based on the evidence presented, particularly the medical evidence indicating the cause of death as asphyxia due to strangulation. The court emphasized that at this stage, the prosecution is not required to prove...
Source-derived case information.
- Citation
- [2015] KEHC 6096 (KLR)
- Parties
- Applicant: Republic; Defendant: Emily Taabu Mayabi; Defendant: Jackline Auma Ouma
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- AT Sitati
- Legal Topics
- Murder, Prima Facie Case, Standard of Proof, Criminal Procedure, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emily Taabu Mayabi
Defendant
Jackline Auma Ouma
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution sufficiently links the accused to the offence of murder at this stage.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against both accused persons, based on the evidence presented, particularly the medical evidence indicating the cause of death as asphyxia due to strangulation. The court emphasized that at this stage, the prosecution is not required to prove the case beyond reasonable doubt, but only to show that there is sufficient evidence to require the accused to be put on their defence. Accordingly, the accused persons were called upon to make their defence as provided under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Accused persons to be put on their defence as per section 306(2) of the Criminal Procedure Code.
- Accused to indicate their chosen mode of defence and whether they will call witnesses.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 27 OF 2011 (MURDER)
REPUBLIC ................................................. PROSECUTOR
V E R S U S
EMILY TAABU MAYABI .............................. 1ST ACCUSED
JACKLINE AUMA OUMA ………………… 2ND ACCUSED
R U L I N G
The two accused persons, Emily Taabu Mayabi and Jackline Auma Ouma are jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the night of 24th and 25th April 2011 at Bwangani village, Nanyeni sub-location in Matungu District of Kakamega County, jointly murdered Paul Nickson Musolo. They denied the offence and the case has been ongoing.
The prosecution called 5 witnesses by whose evidence it was intended to prove that the deceased died and that he died as a result of the unlawful acts or omissions on the part of the accused persons herein.
I have given careful consideration to the evidence that has been placed before me by the prosecution and in particular the evidence of PW5, Dr. John Khawala Ogola who told the court that the deceased died as a result of asphyxia due to strangulation. I have also taken note of the fact that at this stage, the prosecution does not have to prove its case against the accused persons beyond any reasonable doubt. That standard of proof is for another day.
What I have found from looking at the evidence on record is that the prosecution has established a prima facie case against the two accused persons requiring them to be put on their defence. I accordingly proceed to do so.
As provided under section 306 (2) of the Criminal Procedure Code the accused persons may defend themselves by giving sworn or unsworn evidence or if they so choose, they can keep quiet and let the court decide the case on the evidence that is before it. If they choose to give sworn evidence, they will be subjected to cross-examination by the prosecutor. In each case the accused persons can call witnesses.
I now call upon the accused persons to indicate which of the 3 options they will choose and whether they have any witnesses to call.
Orders accordingly.
RUTH N. SITATI
JUDGE
Ruling delivered, dated and signed at Kakamega in open court this 5th day of March 2015
In the presence of
Miss Omondi --- For the State
Mr. Shivega ----- For Accused
Mr. Juma --------- Court Assistant