[2019] KEHC 2105 (KLR)
The court found that the prosecution had adduced sufficient evidence, including eyewitness testimony and identification of the accused persons, to establish a prima facie case against each accused. The evidence on record, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons...
Source-derived case information.
- Citation
- [2019] KEHC 2105 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohamed Edin Hassanow alias Shoke; Defendant: Ibrahim Adan Mohamed alias Domal; Defendant: Mohamed Ibrahim Ali alias Gerile
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohamed Edin Hassanow alias Shoke
Defendant
Ibrahim Adan Mohamed alias Domal
Defendant
Mohamed Ibrahim Ali alias Gerile
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 persons to warrant putting them on their defence.
- 2 Whether the identification evidence is sufficient to link the accused persons to the offence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including eyewitness testimony and identification of the accused persons, to establish a prima facie case against each accused. The evidence on record, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Each accused person is put on their defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 7 OF 2018
REPUBLIC.........................................................................PROSECUTION
VERSUS
MOHAMED EDIN HASSANOW alias SHOKE..............1ST ACCUSED
IBRAHIM ADAN MOHAMED alias DOMAL................2ND ACCUSED
MOHAMED IBRAHIM ALI alias GERILE....................3RD ACCUSED
RULING
1. The three accused persons were charged with offence of murder contrary to section 203 and 204 of the Penal Code Cap. 63 of Laws of Kenya.
2. Particulars being that on 27/3/2018 at Domal area within Banisa Sub-County in Mandera County jointly with others not before court murdered Malaika Yusuf.
3. They pleaded not guilty and the matter went into trial.
4. The prosecution called 12 witnesses and closed its case. The court was called upon to determine whether the accused persons have a case to answer.
5. I have gone through the evidence on record and especially the eye witness account of what happened and the alleged identification of the accused persons as the perpetrators of the offence herein.
6. I am convinced that the accused persons have a case to answer and they are put on their defence each one of them.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 21ST DAY OF NOVEMBER, 2019.
........................
C. KARIUKI
JUDGE