[2019] KEHC 1068 (KLR)
The court found that the evidence adduced by the prosecution, particularly the testimony of PW1, was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence as per the requirements of the Criminal Procedure Code when a prima facie case is...
Source-derived case information.
- Citation
- [2019] KEHC 1068 (KLR)
- Parties
- Applicant: Republic; Defendant: Musee Kiema
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2015
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Musee Kiema
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution, particularly the testimony of PW1, was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence as per the requirements of the Criminal Procedure Code when a prima facie case is established at the close of the prosecution's case in a murder trial.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 2 OF 2015
REPUBLIC....................................PROSECUTION
VERSUS
MUSEE KIEMA.....................................ACCUSED
RULING
1. The accused is charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars being that on 22/2/2015 at Karithile village, Mwasuma Sub-Location, Nguni Location, Mwingi East District, Kitui County murdered Faith Muyathi Nzomo.
2. The accused pleaded not guilty and matter went into full trial.
3. The prosecution called 8 witnesses and closed its case.
4. The court is called upon to determine whether the prosecution has established a prima facie case to warrant accused to put on his defence.
5. I have gone through the record of all the 8 witnesses. I am of the view that the evidence adduced and especially PW1’s testimony warrants accused to be put in his defence.
6. Thus the court finds that a prima facie case has been established and accused is put on his defence.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF NOVEMBER, 2019.
.........................
C. KARIUKI
JUDGE