[2016] KEHC 3982 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence confirming the cause of death as blunt force trauma, sufficiently implicated the accused in the events leading to the deceased's death. The accused was directly involved in the altercation that resulted in fatal...
Source-derived case information.
- Citation
- [2016] KEHC 3982 (KLR)
- Parties
- Applicant: Republic; Defendant: Fazul Swale Okoth alias Magwaya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fazul Swale Okoth alias Magwaya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
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 links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and medical evidence confirming the cause of death as blunt force trauma, sufficiently implicated the accused in the events leading to the deceased's death. The accused was directly involved in the altercation that resulted in fatal injuries to the deceased. The court held that the prosecution had established a prima facie case against the accused, warranting that he be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt, but only whether there is sufficient evidence to...
Court Disposition
accused placed on his defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
- The accused is informed of his rights under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 9 OF 2016
REPUBLIC............................................................PROSECUTOR
VERSUS
FAZUL SWALE OKOTH alias MAGWAYA.................ACCUSED
RULING
Fazul Swale Okoth alias Magwayy, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge are that on the 28th day of November 2015 at about 4. 00pm at Kenya Cinema along Moi Avenue within Nairobi County jointly with another not before the court murdered Hassan Lokorachi (the deceased). The accused pleaded not guilty to the charge. He is represented by Mr. Ogada.
Ten witnesses have testified in support of the prosecution case. Their evidence is that on 28th November 2015 the accused person jointly with one Antony fought with the deceased over a disagreement on parking vehicles. All the three were parking boys operating at Kenya Cinema parking area. The deceased sustained injuries for which he was hospitalized. He died while in hospital on 25th December 2015. Dr. Andrew Kanyi Gachie (PW7) told the court that the cause of death was head injury due to blunt force trauma.
I have carefully considered the evidence of the prosecution. The accused was implicated in the fight that led to the injuries sustained by the deceased and from which he died. It is my finding therefore that the prosecution has made out a prima facie case against the accused person. Consequently, this court finds that the accused person has a case to answer and is hereby placed on his defence. He is informed of his rights under section 306 (2) of the Criminal Procedure Code. It is so ordered.
Dated, signed and delivered this 28th day of July 2016.
S. N. Mutuku
Judge
In the presence of:
Ms Magoma for the prosecution
Mr. Ogada for the accused
Mr. Fazul Swale Okoth, the accused
Mr. Daniel Ngumbi, court clerk