[2015] KEHC 2420 (KLR)
The court found that the prosecution had established a prima facie case against each of the accused persons based on the circumstantial evidence presented. The judge held that, at this stage, the prosecution is only required to show that there is sufficient evidence on record such that a reasonable court could...
Source-derived case information.
- Citation
- [2015] KEHC 2420 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Mutemi Kamotho; Defendant: Gideon Mutie Masila; Defendant: Mutinda Kimotho
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Each accused person is found to have a case to answer and is put on their defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Mutemi Kamotho
Defendant
Gideon Mutie Masila
Defendant
Mutinda Kimotho
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against each of the accused persons based on the circumstantial evidence presented. The judge held that, at this stage, the prosecution is only required to show that there is sufficient evidence on record such that a reasonable court could convict if the accused offered no explanation. The court was satisfied that this threshold had been met and therefore put each accused person on their defence, in accordance with the requirements of the Criminal Procedure Code and established legal principles regarding the standard for a case to answer.
Court Disposition
Each accused person is found to have a case to answer and is put on their defence.
Orders
- Each accused person is put on their defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 30 OF 2012
REPUBLIC………………………………………………..PROSECUTOR
V E R S U S
JULIUS MUTEMI KAMOTHO
GIDEON MUTIE MASILA
MUTINDA KIMOTHO...............…………………………… ACCUSED
RULING
At the close of the prosecution case, the defence counsel opted not to make submissions on a case to answer. The Prosecuting Counsel however made submissions asking the court to put each of the accused persons on their defences. As a consequence the defence counsel also made submissions in response thereto.
I have perused the evidence on record. It is certainly a matter based on circumstantial evidence. It is admitted on both sides that on inquest had earlier been held in the matter resulting in the present criminal proceedings, after the inquest court made its directions.
At this stage, the prosecution is merely required to establish a prima facie case. A prima facie case is a case where a reasonable court may on the evidence on record convict an accused person. In my view the prosecution have done so and as such I find that each of the accused has a case to answer I thus hereby put each of the accused persons on their defence. I will now proceed to explain to each of the accused the options available to him in law regarding his defence.
Dated at Garissa this 22nd September 2015.
GEORGE DULU
JUDGE