[2023] KEHC 20702 (KLR)
The court found that the prosecution, having called eight witnesses and produced relevant exhibits, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on her defence, as required by law. The court emphasized that at this stage, the...
Source-derived case information.
- Citation
- [2023] KEHC 20702 (KLR)
- Parties
- Applicant: Republic; Defendant: Elizabeth Nangila Makokha
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on her defence.
- Judges
- JN Onyiego
- 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
Elizabeth Nangila Makokha
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses and produced relevant exhibits, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on her defence, as required by law. The court emphasized that at this stage, the prosecution is not required to prove the case beyond reasonable doubt, but only to show that there is a case for the accused to answer. Accordingly, the accused was put on her defence and informed of her rights under section 306 of the Criminal Procedure Code.
Court Disposition
Accused put on her defence.
Orders
- The accused is found to have a case to answer and is put on her defence pursuant to section 306 of the Criminal Procedure Code.
- The accused is informed of her rights to give sworn or unsworn testimony or to remain silent, and to call witnesses if she so wishes.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Makokha (Criminal Case 5 of 2018) [2023] KEHC 20702 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20702 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case 5 of 2018
JN Onyiego, J
July 21, 2023
Between
Republic
Prosecution
and
Elizabeth Nangila Makokha
Accused
Ruling
1. The accused person herein was arraigned before this court on 19-3-2018 charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (cap 63) Laws of Kenya. Particulars are that on the 7th day of March, 2018 at Bulla Sagare, in Garissa Sub-County within Garissa County murdered Abraham Masinde Nyongesa
2. After returning a plea of not guilty, the matter proceeded to full trial with the prosecution calling a total of 8 witnesses. Upon the close of the prosecution case the court is called upon to make a finding whether the prosecution has established a primafacie case to warrant accused being put on her defence.
3. It is trite law that a primafacie case does not mean that a case has to be proved beyond reasonable doubt. It simply means that the prosecution has established with a reasonable degree that there is a high possibility that the accused may have committed the offence. See R Bhatt v Republic(1957) EA 332 where the court held that a prima facie case does not mean a case proved beyond any reasonable doubt since at this stage the court has not heard evidence for the defence.
4. From the evidence tendered before this court and exhibits produced, I am satisfied that the prosecution has established a prima facie case to warrant accused being called upon to make her defence. Accordingly, accused is put on her defence. Pursuant to section 306 of the Criminal Procedure Code, accused is explained to her rights that; she shall be at liberty to give sworn testimony or unsworn testimony or opt to keep quiet and that if she has witnesses she wishes to call she shall be at liberty to call them.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 21ST DAY OF JULY, 2023J.N. ONYIEGOJUDGE