[2023] KEHC 18133 (KLR)
The court found that the prosecution, having called eight witnesses, had established a prima facie case against the accused person for the offence of murder. The evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2023] KEHC 18133 (KLR)
- Parties
- Applicant: Republic; Defendant: Pascal Kilei Mwawasi
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- GMA Dulu
- Legal Topics
- Murder Charge, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pascal Kilei Mwawasi
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 person to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, had established a prima facie case against the accused person for the offence of murder. The evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must be informed of his options for defence as provided by law.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence.
- The accused is to be informed of his options under Section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Mwawasi (Criminal Case 2 of 2020) [2023] KEHC 18133 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEHC 18133 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case 2 of 2020
GMA Dulu, J
May 31, 2023
Between
Republic
Prosecutor
and
Pascal Kilei Mwawasi
Accused
Ruling
1. In this case wherein the accused person is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, the prosecution has called eight (8) witnesses before closing their case.
2. At the close of the prosecution case counsel for the defence and the Director of Public Prosecutions elected to make no submissions on case to answer.
3. Having considered the evidence of the prosecution witnesses on record, I am of the view that the prosecution has established a prima faciecase against the accused person, and that the accused person herein has a case to answer.
4. I thus put the accused person on his defence, and proceed to explain to him the three (3) options available to him in his defence under Section 211 of the Criminal Procedure Code (Cap.75).
DATED, SIGNED AND DELIVERED THIS 31ST DAY OF MAY 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Mr. Sirima for StateMs. Wambura for accusedAccusedMr. Otolo court assistant