[2007] KEHC 3101 (KLR)
The court, after considering the evidence tendered by the prosecution, found that there was credible evidence implicating the accused, Paul Losuru Ekale, in the offence of murder. The court was satisfied that a prima facie case had been established against the accused, thereby necessitating that he be placed on his...
Source-derived case information.
- Citation
- [2007] KEHC 3101 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Losuru Ekale
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2004
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution's Case (section 306 Cpc)
- Outcome
- Accused placed on his defence.
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Losuru Ekale
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution's Case (section 306 Cpc)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, after considering the evidence tendered by the prosecution, found that there was credible evidence implicating the accused, Paul Losuru Ekale, in the offence of murder. The court was satisfied that a prima facie case had been established against the accused, thereby necessitating that he be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The accused was accordingly informed of his rights regarding the manner of giving evidence and the option to call witnesses in his defence.
Court Disposition
Accused placed on his defence.
Orders
- The accused, Paul Losuru Ekale, is hereby placed on his defence.
- The accused is to inform the court whether he will testify on oath or unsworn and whether he will call any witnesses.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Criminal Case 47 of 2004
REPUBLIC ……………………...………….PROSECUTOR
VERSUS
PAUL LOSURU EKALE ………………….……ACCUSED
R U L I N G
The accused herein, Paul Losuru Ekale, is before this court on the information of the Attorney General duly charged with the offence of murder contrary to the provisions of Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the night of 1st January 2004 at about 11. 30 p.m. at Likoni Ferry area in Mombasa District within the Coast Province he murdered Lawrence Wesonga Owang.
At the close of the prosecution’s case, a total of ten (10) witnesses testified. The learned counsels on both sides did not submit as required under Section 306 of the Criminal Procedure Code. I have considered the evidence tendered by the prosecution in support of the offence of murder. I am satisfied that there is credible evidence that the accused person committed the offence.
Consequently, Paul Losuru Ekale is hereby placed on his defence. It is now upon him and his legal advisors to inform this court whether or not he would personally testify and if he would state whether he would give sworn or unsworn testimony. The accused should also state whether or not he would summon independent witnesses to testify in his defence.
Dated and delivered at Mombasa this 6th day of March 2007.
J.K. SERGON
J U D G E
In open court in the presence of Miss Mwaniki h/b for Mr. Monda for the state and Mr. Magolo for the accused.