[2015] KEHC 1598 (KLR)
The court found that the prosecution's evidence, taken at its highest, implicates the accused in the death of the deceased. Without delving into the merits or credibility of each witness at this stage, the court determined that a prima facie case has been established against the accused. Consequently, the accused is...
Source-derived case information.
- Citation
- [2015] KEHC 1598 (KLR)
- Parties
- Applicant: Republic; Defendant: Galma Abagaro Shano
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Manslaughter Alternative
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Galma Abagaro Shano
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be acquitted at this stage or placed on his defence.
- 3 Whether the evidence supports a charge of murder or manslaughter.
Ratio Decidendi
The court found that the prosecution's evidence, taken at its highest, implicates the accused in the death of the deceased. Without delving into the merits or credibility of each witness at this stage, the court determined that a prima facie case has been established against the accused. Consequently, the accused is required to be put on his defence as per the provisions of the Criminal Procedure Code. The specific offence—whether murder or manslaughter—will be determined after the defence case is heard.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence as required under section 306(2) of the Criminal Procedure Code.
- The accused is informed of his rights to address the court and call witnesses in his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 41 OF 2011
REPUBLIC……………………………………...……PROSECUTOR
VERSUS
GALMA ABAGARO SHANO………………………………ACCUSED
RULING
Galma Abagaro Shano, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code (Cap. 63) Laws of Kenya. The particulars of this offence state that on 5th day of May 2011 at Gatina Village in Kawangware Nairobi within Nairobi County he murdered Mohamed Halkano Duba.
In support of the case against the accused, the prosecution called a total of eleven (11) witnesses. In brief the accused and the deceased were neighbours at Gatina Village in Kawangware. On 5th May 2011 the accused is alleged to have stabbed the deceased who died while undergoing treatment. At this stage of the trial the court is required to determine whether there is sufficient evidence establishing a prima facie case in order to place the accused on his defence.
After the closure of the prosecution case defence counsel Mr. Omari submitted that the prosecution has failed to establish a prima facie case in respect of murder and called for acquittal of the accused. Counsel further submitted that if the court is inclined to put the accused on his defence the court should place the accused on his defence for the offence of manslaughter and not murder.
I have examined the evidence before me with care. Without going into the details at this stage of what each witness told the court it is my finding that the evidence so far gathered implicates the accused person. I will and do hereby find that the accused has a case to answer. The details of which offence is proved can be determined at a later stage in these proceedings.
The accused is informed of his rights under section 306 (2) of the Criminal Procedure Code to address this court and inform it the manner he wishes to defend himself and whether he will be calling witnesses in his defence. I make orders accordingly.
Dated, signed and delivered this 1st day of July 2015.
S. N. MUTUKU
JUDGE