[2008] KEHC 3653 (KLR)
Upon considering the evidence of the ten prosecution witnesses, the court was satisfied that a prima facie case had been established against the accused, Jeremiah Babayi alias Donido, for the offence of murder. The court found that there was sufficient evidence on record which, if unchallenged, could potentially...
Source-derived case information.
- Citation
- [2008] KEHC 3653 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Babayi alias Donido
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2001
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be placed on his defence.
- 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
Jeremiah Babayi alias Donido
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.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to make a defence.
Ratio Decidendi
Upon considering the evidence of the ten prosecution witnesses, the court was satisfied that a prima facie case had been established against the accused, Jeremiah Babayi alias Donido, for the offence of murder. The court found that there was sufficient evidence on record which, if unchallenged, could potentially sustain a conviction. Therefore, in accordance with section 306 of the Criminal Procedure Code, the accused was ordered to be placed on his defence to answer to the charge of murder.
Court Disposition
Accused to be placed on his defence.
Orders
- The accused is hereby ordered to be placed on his defence.
- The accused and his legal advisers should inform the court whether the accused will testify and if so, whether the testimony will be sworn or unsworn.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Case 31 of 2001
REPUBLIC …………………………………………….PROSECUTOR
VERSUS
JEREMIAH BABAYI alias DONIDO ……………...….….ACCUSED
R U L I N G
Jeremiah Babaya Alias “Donido” is before this court duly charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the night of 5th and 6th December 2000 at an unknown time at Bogoni Village in Taita Taveta District within the Coast Province, jointly with Syengo Mutokaa alias “Wango” murdered Emmanuel Sarino.
The prosecution closed their case upon tendering the evidence of ten (10) witnesses. The learned state counsel and that of the defence opted not to make any submissions as required under section 306 of the Criminal Procedure Code. I have considered the evidence of the ten prosecution witnesses and I am convinced that there is evidence that the accused person committed the offence. Consequently, I hereby order that he be placed on his defence. The accused and his legal advisers should therefore inform this court whether or not the accused will personally testify and if so to indicate whether or not he would tender sworn or unsworn testimony. The accused should also indicate whether or not he is calling for the support of independent witnesses.
Dated and delivered at Mombasa this 29th day of February 2008.
J.K. SERGON
J U D G E
In open court in the presence of Mr. Monda for the state and in the presence of Mr. Wameyo h/b for Mr. Muthama.