[2013] KEHC 2855 (KLR)
The court found that the prosecution, having called eleven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, would be sufficient to justify a conviction. Therefore, the accused is required to give his...
Source-derived case information.
- Citation
- [2013] KEHC 2855 (KLR)
- Parties
- Respondent: Republic; Defendant: James Kitsao Changawa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and ordered to give 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
James Kitsao Changawa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
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, having called eleven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, would be sufficient to justify a conviction. Therefore, the accused is required to give his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing to proceed for defence on 9th September, 2013.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 29 OF 2009
REPUBLIC…………………………………..………..………PROSECUTION
VERSUS
JAMES KITSAO CHANGAWA….……………………..………ACCUSED
RULING
The accused JAMES CHANGAWA KITSAO faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused pleaded ‘Not Guilty’ to the charge. The prosecution called a total of eleven (11) witnesses in support of their case. I have carefully considered the evidence on record. I am satisfied that a prima facie case has been established. As such I do hereby direct that the accused shall give his defence to the charge.
Dated this 6th day of August, 2013
M. ODERO
JUDGE
In the presence of:
Ms. Momanyi for Accused
Ms. Ogweno for state
Court Clerk Mutisya
Court:
Hearing to proceed for defence on 9th September, 2013.
M. ODERO
JUDGE