[2012] KEHC 2656 (KLR)
The court found that the prosecution failed to establish a prima facie case against the 1st accused, Florence Nanalwa Masasi, as defined in the Bhatt v Republic case. Consequently, she was acquitted under Section 306 of the Criminal Procedure Code. However, the court determined that a prima facie case had been made...
Source-derived case information.
- Citation
- [2012] KEHC 2656 (KLR)
- Parties
- Applicant: Republic; Respondent: Florence Nanalwa Masasi; Respondent: Peter Masasi Muchawana; Respondent: Musa Masasi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2006
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- 1st accused acquitted; 2nd and 3rd accused put on their defence.
- Legal Topics
- Prima Facie Case, No Case to Answer, Criminal Procedure, Acquittal, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Florence Nanalwa Masasi
Respondent
Peter Masasi Muchawana
Respondent
Musa Masasi
Respondent
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to require them to be put on their defence.
- 2 Whether the 1st accused should be acquitted under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the 1st accused, Florence Nanalwa Masasi, as defined in the Bhatt v Republic case. Consequently, she was acquitted under Section 306 of the Criminal Procedure Code. However, the court determined that a prima facie case had been made out against the 2nd and 3rd accused, Peter Masasi Muchawana and Musa Masasi, and therefore they were required to be put on their defence. The court emphasized that at this stage, it is not required to make a final determination on the credibility or weight of the evidence, which is reserved for after the defence case.
Court Disposition
1st accused acquitted; 2nd and 3rd accused put on their defence.
Orders
- Florence Nanalwa Masasi (1st accused) is acquitted under Section 306 of the Criminal Procedure Code.
- Peter Masasi Muchawana (2nd accused) and Musa Masasi (3rd accused) are found to have a case to answer and are put on their defence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL CASE 11 OF 2006
REPUBLIC...................................................................APPLICANT
VERSUS
FLORENCE NANALWA MASASI................1ST RESPONDENT
PETER MASASI MUCHAWANA................2ND RESPONDENT
MUSA MASASI..........................................3RD RESPONDENT
RULING
In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A. 332, a prima facie case was defined as one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, that final determination can only properly be made when the case for the defence has been heard.
I have considered the evidence which the prosecution has adduced in this case, and I find no prima facie case demonstrated against the 1st accused as defined in the Bhatt -Vs- Republic case (supra). I therefore acquit the 1st accused under Section 306 of the Criminal Procedure Code.
I am however, satisfied that a prima facie case has been demonstrated against the 2nd and 3rd accused. The two therefore have a case to answer and are put on their defence.
It is so ordered.
DATED AND DELIVERED AT ELDORET
THIS 19TH DAY OF JULY, 2012.
F. AZANGALALA
JUDGE
Read in the presence of:-
Mr. Chirchir for the State and
Mr. Chepkwony for the accused persons.
F.AZANGALALA
JUDGE
19TH JULY, 2012