[2011] KEHC 1915 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, could potentially sustain a conviction. Therefore, in accordance with section 306(1) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2011] KEHC 1915 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Ndaule Musili
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case Under Section 306(1) of the Criminal Procedure Code
- Outcome
- Accused to be put on his defence.
- Legal Topics
- Murder Charge, 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
Paul Ndaule Musili
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case Under Section 306(1) of the Criminal Procedure Code
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(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, could potentially sustain a conviction. Therefore, in accordance with section 306(1) of the Criminal Procedure Code, the accused is required to enter his defence.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence in line with section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 20 OF 2007
REPUBLIC...........................................................................................................PROSECUTION
=VERSUS=
PAUL NDUALE MUSILI...............................................................................................ACCUSED
RULING
The accused PAUL NDUALE MUSILI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the PENAL CODE. The prosecution called a total of six (6) witnesses in support of their case. I have carefully considered the evidence adduced by the prosecution witnesses. In my view a prima facie case has been made out against the accused. I therefore direct that the accused shall give his defence in line with S. 306(1) of the Criminal Procedure Code.
Dated and Delivered in Mombasa this 22nd day of June 2011.
M ODERO
JUDGE
In the presence of:
Mr. Mushelle holding brief for Ms. Kipsang
Mr. Onserio for State