[2016] KEHC 1784 (KLR)
The court found that the prosecution had established a prima facie case against the accused by calling 8 witnesses and producing several exhibits. The evidence on record was sufficient to require the accused to be put on his defence. Consequently, the court ruled that the accused must be called upon to answer the...
Source-derived case information.
- Citation
- [2016] KEHC 1784 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohamed Noor Kassim alias Gaando
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- GMA Dulu
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohamed Noor Kassim alias Gaando
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused by calling 8 witnesses and producing several exhibits. The evidence on record was sufficient to require the accused to be put on his defence. Consequently, the court ruled that the accused must be called upon to answer the charge and explained the options available to him under Section 211 of the Criminal Procedure Code.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence.
- The options available to the accused under Section 211 of the Criminal Procedure Code are explained to him.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 14 OF 2013
REPUBLIC ........................................................ PROSECUTOR
V E R S U S
MOHAMED NOOR KASSIM “ALIAS” GAANDO..... ACCUSED
RULING
The accused stands charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The prosecution has now tendered its evidence and closed its case.
At the close of the evidence for the prosecution, the defence through learned Counsel Mr. Onono elected not to make submissions on a case to answer. The prosecution however through Prosecuting Counsel Mr. Okemwa emphasized that they had called 8 witnesses and produced a number of exhibits, and established a prima facie case against the accused person.
Having perused the evidence on record, I am of the view that the prosecution has established a prima facie case against the accused Person herein. The accused is thus put on his defence. I hereby proceed to explain to him the options available in his defence under Section 211 of the Criminal Procedure Code.
Dated and delivered at Garissa this 13th day of October 2016.
GEORGE DULU
JUDGE