[2015] KEHC 2281 (KLR)
The court found that the prosecution had adduced sufficient evidence, including the circumstances of the deceased's death, the recovery of the vehicle operated by the deceased in circumstances implicating the accused, and the medical evidence confirming death by asphyxia due to strangulation. Applying the test from...
Source-derived case information.
- Citation
- [2015] KEHC 2281 (KLR)
- Parties
- Applicant: Republic; Defendant: Musa Adika Mudavila
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether to Place Accused on Defence After Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- 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
Musa Adika Mudavila
Defendant
Procedural Posture
Criminal Case / Ruling on Whether to Place Accused on Defence After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including the circumstances of the deceased's death, the recovery of the vehicle operated by the deceased in circumstances implicating the accused, and the medical evidence confirming death by asphyxia due to strangulation. Applying the test from Ramanlal Trambaklal Bhatt v. R, the court held that a reasonable tribunal, properly directing its mind to the law and the evidence, could convict the accused if no explanation is offered by the defence. Therefore, the prosecution had established a prima facie case, and the accused was required to be placed on his defence in accordance with section 306(2) of the Criminal...
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
- The accused is informed of his rights to address the court, to testify under oath or otherwise, and to call witnesses in his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 85 OF 2013
REPUBLIC……………………………………………PROSECUTOR
VERSUS
MUSA ADIKA MUDAVILA………………………………..ACCUSED
RULING
Musa Adika Mudavila, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. The particulars of the offence are that on 28th December 2012 at Kibera slums within Nairobi County with others not before the court murdered Douglas Oloo Kimonge.
I took evidence from twelve (12) prosecution witnesses after which the prosecution closed its case. Thereafter the prosecution counsel made brief submissions that the prosecution has established a prima facie case against the accused person. Counsel called on the court to find in its favour and place the accused on his defence. Defence counsel disagreed with the prosecution on this matter. She submitted that the prosecution has failed to establish a prima facie case citing shoddy investigations and lack of evidence connecting the accused with the offence.
I have carefully read and analysed all the evidence. In the case of Ramanlal Trambaklal Bhatt v. R [1957] E.A 332 the Court stated on the issue of prima facie case that“……. It may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
Briefly, the deceased operated a taxi from Ngong Road near the Post Office. He went missing on 24th December 2012. His partially decomposed body was found inside what police described as a small house near Makina Primary School in Kibera on 28th December 2012 with hands and legs tied together with a rope and a scarf tied round his neck. Dr. Johansen Oduor confirmed death of the deceased was due to asphyxia as a result of strangulation. The vehicle he had been operating as a taxi was recovered in Webuye in circumstances implicating the accused. He was arrested and charged with this offence.
I have carefully analysed this evidence and I find that a reasonable tribunal, properly directing its mind to the law and the evidence could convict on this evidence if no explanation is offered by the defence. Consequently, I find that the prosecution has established a prima facie case against the accused and will hereby place him on his defence.
In compliance with section 306 (2) of the Criminal Procedure Code, I hereby inform the accused of his rights to address the court and inform it if he will testify in his defence under oath or otherwise and if he wishes to call any witnesses in his defence. Orders are made accordingly.
Dated, signed and delivered this 24th day of September 2015.
S. N. MUTUKU
JUDGE