[2023] KEHC 19837 (KLR)
The court found that the prosecution, having called five witnesses and presented its case, established a prima facie case against the accused for the offence of murder. The evidence, when taken at its highest, was sufficient to require the accused to be put on his defence as per the standard set out in R. Bhatt v...
Source-derived case information.
- Citation
- [2023] KEHC 19837 (KLR)
- Parties
- Applicant: Republic; Defendant: Noor Korwa Mohamud
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2022
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and called upon to enter 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
Noor Korwa Mohamud
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to tender a defence under Section 306 of the Criminal Procedure Code.
- 2 Whether the evidence presented by the prosecution, if uncontradicted, would warrant a conviction.
Ratio Decidendi
The court found that the prosecution, having called five witnesses and presented its case, established a prima facie case against the accused for the offence of murder. The evidence, when taken at its highest, was sufficient to require the accused to be put on his defence as per the standard set out in R. Bhatt v Republic and Section 306 of the Criminal Procedure Code. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt, but only whether there is a case to answer. Accordingly, the accused was called upon to elect whether to give sworn or unsworn testimony or to remain silent, and was informed of his right to call witnesses.
Court Disposition
Accused found to have a case to answer and called upon to enter defence.
Orders
- The accused shall elect to give sworn or unsworn testimony or remain silent.
- The accused has the right to call witnesses if he so wishes.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Mohamud (Criminal Case E004 of 2022) [2023] KEHC 19837 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19837 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case E004 of 2022
JN Onyiego, J
July 6, 2023
Between
Republic
Prosecution
and
Noor Korwa Mohamud
Accused
Ruling
1. Accused person was arraigned before this court on March 3, 2022, 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 3/9/2020 at Hagadera Refugee Camp in Dadaab Sub-County within Garissa County murdered Ali Sirat Mohamud.
2. After returning a plea of not guilty, the matter proceeded to trial with the prosecution calling 5 witnesses.
3. I have considered the evidence tendered by the prosecution and cross examination thereof. At this stage, the duty of the Court is to make a finding whether the evidence tendered by the prosecution is sufficient to establish a primafacie case to call upon the accused to tender his defence.
4. In the case of R. Bhatt v Republic (1957) EA 332, 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 the evidence for the defence. Taking the totality of the evidence by the prosecution, I am satisfied that the prosecution has established a prima facie case to warrant accused person being called upon to tender his defence pursuant to Section 306 of Criminal Procedure Code.
5. Consequently, accused shall elect to give sworn or unsworn testimony or keep quiet. He shall however have a right to call witnesses if any.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 6TH DAY OF JULY 2023……………………J.N. ONYIEGOJUDGE