[2007] KEHC 3485 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Pauncianos Shamala Lisavakwa, for the offence of murder. The evidence indicated that the offence was committed in daylight and was sufficient to require the accused to be put on his defence. Accordingly, the court ruled that...
Source-derived case information.
- Citation
- [2007] KEHC 3485 (KLR)
- Parties
- Applicant: Republic; Defendant: Pauncianos Shamala Lisavakwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2003
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- accused put on his defence; no acquittal at this stage
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Pauncianos Shamala Lisavakwa
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 to warrant putting him on his defence under section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Pauncianos Shamala Lisavakwa, for the offence of murder. The evidence indicated that the offence was committed in daylight and was sufficient to require the accused to be put on his defence. Accordingly, the court ruled that the accused must be called upon to answer the charge, as required by section 306(1) of the Criminal Procedure Code. The accused was informed of his rights to give sworn or unsworn evidence, to call witnesses, or to remain silent, and his advocate was directed to indicate the nature of the defence to be presented.
Court Disposition
accused put on his defence; no acquittal at this stage
Orders
- The accused is put on his defence.
- The accused is at liberty to give sworn or unsworn evidence, to call witnesses, or to remain silent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Criminal Case 59 of 2003
REPUBLIC ……………………………………………PROSECUTOR
V E R S U S
PAUNCIANOS SHAMALA LISAVAKWA ……...……… ACCUSED
R U L I N G
The accused was charged with murder c/s 203 as read with s. 204 of the Penal Code, Cap 63 of the Laws of Kenya. The particulars or the charge were that:-
“PAUNCIANOS SHAMALLA LISAVAKWA: on the 21st day of October, 2002 at Mundulu village, Shidodo sub-location, Khayega Location in Kakamega District within Western Province, murdered VINCENT INDOKO LISAVAKWA.”
The prosecution called a total of six witnesses before closing its case. I have perused the evidence adduced. Under section 306 (1) of the Criminal Procedure Code, Cap 75, if no case has been made out to warrant the accused being put on his defence, the accused is entitled to be acquitted. If on the other hand, a prima facie case has been made out, the accused will be put on his defence and his rights explained.
I have perused the evidence adduced by the prosecution witnesses. The offence with which the accused was charged was committed in daylight and the evidence adduced shows that the accused has a case to answer. Accordingly, I put the accused on his defence. He is at liberty to give sworn or unsworn evidence in defence and to call witnesses. He may also remain mum. His advocate shall indicate to the court the nature of the defence to be put forward by the accused.
Dated at Kakamega this 18th day of October, 2007.
G. B. M. KARIUKI
J U D G E