[2012] KEHC 5944 (KLR)
The court found that the prosecution had adduced sufficient evidence through ten witnesses to establish a prima facie case against the accused for the offence of murder. Accordingly, the accused is required to give his defence as per the provisions of the Criminal Procedure Code. The ruling does not determine guilt...
Source-derived case information.
- Citation
- [2012] KEHC 5944 (KLR)
- Parties
- Respondent: REPUBLIC; Defendant: ISSA OMAR SHEDE
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused put 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
Respondent
ISSA OMAR SHEDE
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 put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through ten witnesses to establish a prima facie case against the accused for the offence of murder. Accordingly, the accused is required to give his defence as per the provisions of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that the evidence presented, if unrebutted, would warrant a conviction, thus necessitating the accused to be put on his defence.
Court Disposition
accused put on his defence
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT MOMBASA
Criminal Case 4 of 2012
REPUBLIC ..................................................... PROSECUTION
=VERSUS=
ISSA OMAR SHEDE ................................................ ACCUSED
RULING
The accused ISSA OMAR SHEDE faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by the learned State Counsel called a total of ten (10) witnesses in support of their case. I have carefully considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to this charge.
Dated and Delivered in Mombasa this 18th day of September 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Nyange for Accused
Mr. Tanui for State