[2010] KEHC 136 (KLR)
The court found that the prosecution had called ten witnesses and, upon careful consideration of their evidence, determined that a prima facie case had been established against the accused. Consequently, the accused was required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2010] KEHC 136 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Kazungu Makuti
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Kazungu Makuti
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had called ten witnesses and, upon careful consideration of their evidence, determined that a prima facie case had been established against the accused. Consequently, the accused was required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the defence or make any findings on the guilt or innocence of the accused at this stage, but solely determined that the prosecution's evidence was sufficient to proceed to the next stage of the trial.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 2 OF 2010
REPUBLIC.............................................................................................................PROSECUTION
VERSUS
HAMISI KAZUNGU MAKUTI.................................................................................................ACCUSED
RULING
The accused HAMISI KAZUNGU MAKUTI has been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charge allege that the accused murdered one KOMBE YERI KOMBE. The State led by MR. ONSERIO, learned State Counsel called a total of ten (10) witnesses in support of their case. I have carefully considered the evidence tendered by these prosecution witnesses. I find that the prosecution have established a prima facie case. I rule that the accused will be placed on his defence in accordance with S. 306(2) of the Criminal Procedure Code.
Dated and Delivered in Mombasa this 16th day of December 2010.
M. ODERO
JUDGE
Read in open court in the presence of:-
Ms. Ngige for Accused
Mr. Onserio for State
M. ODERO
JUDGE
16/12/2010