[2011] KEHC 1232 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony, forensic evidence of gunshot wounds, and the accused's own admissions, was sufficient to establish a prima facie case of murder against the accused. The evidence, if unchallenged, could lead to a conviction. Therefore, the accused is...
Source-derived case information.
- Citation
- [2011] KEHC 1232 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Daniel Lesadala
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 5 October 2011
- Case Number
- Criminal Case 77 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put to his defence.
- Legal Topics
- Murder, Prima Facie Case, Firearm Offences, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Daniel Lesadala
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the evidence adduced is sufficient to require the accused to be put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony, forensic evidence of gunshot wounds, and the accused's own admissions, was sufficient to establish a prima facie case of murder against the accused. The evidence, if unchallenged, could lead to a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and put to his defence.
Orders
- The accused is put to his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 77 OF 2005
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
PATRICK DANIEL.........................................................................................ACCUSED
RULING
The accused, PATRICK DANIEL LESADALA, is on trial for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The victim of murder was DIANAH KARAMBU NTHIBA.
The doctor who conducted the post-mortem examination on the body of the deceased ascertained that the cause of death was a chest injury due to gunshot wounds.
There have been suggestions that the accused was issued with a firearm from the armoury store at the Kamiti Maximum Security Prison.
There are further suggestions that on the material day, the accused surrendered the firearm together with some spent and some live ammunition. The evidence further indicates that the accused owned-up to having killed a lady. The accused is said to have told some of the prosecution witnesses, that the lady he had allegedly killed, was his girlfriend.
Furt hermore, the son of the victim testified that he saw the accused shoot the deceased.
From the totality of the evidence already on record, I am satisfied that the prosecution has made out a prima facie case against the accused person. If the accused did not say anything in his defence, the evidence already adduced may be sufficient to lead to his conviction. Therefore, I do find and hold that the accused has a case to answer. He is thus put to his defence.
Dated, Signed and Delivered at Nairobi this 5th day of October, 2011
....................................
FRED A. OCHIENG
JUDGE