[2015] KEHC 968 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony placing the accused with the deceased, the recovery of incriminating items from the accused's house, and the circumstances surrounding the discovery of the deceased's body, established a prima facie case against the accused. The evidence...
Source-derived case information.
- Citation
- [2015] KEHC 968 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Kebasi Mosioma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer; to be put on his defence.
- Legal Topics
- Murder, Burden of Proof, Prima Facie Case, Criminal Procedure, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fred Kebasi Mosioma
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether the evidence on record links the accused to the murder of Jacinta Ngina.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony placing the accused with the deceased, the recovery of incriminating items from the accused's house, and the circumstances surrounding the discovery of the deceased's body, established a prima facie case against the accused. The evidence was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must elect how to proceed with his defence.
Court Disposition
Accused found to have a case to answer; to be put on his defence.
Orders
- The accused shall elect how to proceed with his defence in accordance with Section 306 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. 1 OF 2013
REPUBLIC…………………………….…..PROSECUTOR
VERSUS
FRED KEBASI MOSIOMA………………….….ACCUSED
RULING
1. The accused Fred Kebasi Mosioma is charged with murder contrary to section 23 as read with Section 204 of the Penal Code. The particularsare that on the 26th day of December 2012 at Kaloleni Estate, Makadara District within Nairobi County murdered Jacinta Ngina.
2. The prosecution’s case is that the accused was responsible for the death of the deceased as he was the last person seen with her alive. The accused and the deceased cohabited in a one roomed house in Kaloleni Nairobi. On 26th both the deceased and the accused were seen entering their room albeit at different times. Shortly thereafter, the neighbours PW1, PW2, PW3 and PW4 heard a scuffle and screams from the couple’s house. In the course of the evening the accused was seen outside his house. The deceased was not seen outside the house from the time she first entered at around 11. 00a.m. The body of the deceased was discovered by the roadside near the accused’s residence the following day. PW3 testified to having seen a man carrying a woman on his back the previous evening. The man wore black and white sports shoes while the woman was covered with a bed sheet. Both the shoes and the bed sheet were recovered by PW10 from the accused’s house.
3. Having carefully considered the evidence now on record and the submissions tendered by both parties at the close of the prosecution’s case, I find that the accused has a case to answer. He shall elect how to proceed with his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 30th day of November, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
………………………………..: Court clerk
………………………………..: Accused
…………………………….....: For the Accused
……………………………….: For the State