[2015] KEHC 3736 (KLR)
The court found that the prosecution's evidence, as presented by seven witnesses, was sufficient to establish a prima facie case against the accused. This means that the evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is required to be placed on her defence in accordance with section...
Source-derived case information.
- Citation
- [2015] KEHC 3736 (KLR)
- Parties
- Applicant: Republic; Defendant: Phoebe Beldine Mitowo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is placed on her defence.
- Judges
- FM Mutuku
- Legal Topics
- Murder, 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
Phoebe Beldine Mitowo
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 her being placed on her defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented by seven witnesses, was sufficient to establish a prima facie case against the accused. This means that the evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is required to be placed on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not delve into the details of each witness's testimony at this stage but was satisfied that the threshold for a case to answer had been met.
Court Disposition
The accused is found to have a case to answer and is placed on her defence.
Orders
- The accused is informed of her rights under section 306(2) of the Criminal Procedure Code to address the court and to call witnesses in her defence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 79 OF 2011
REPUBLIC………………………………........……PROSECUTOR
VERSUS
PHOEBE BELDINE MITOWO………………............…..ACCUSED
RULING
Phoebe Beldine Mitowo, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. The particulars of the charge read that on 1st October 2011 at Donholm Phase V Estate in Nairobi within Nairobi County she murdered Kevin Boschin Gisiora. In support of the prosecution case seven witnesses testified. After the prosecution closed its case this court must determine whether the evidence so far adduced establishes a prima facie case against the accused person to necessitate her being placed on her defence.
Without going into the details of what each witness told the court, I have examined and analyzed all the evidence and make a finding that the accused person has a case to answer. The evidence is sufficient to lead this court to call on the accused person to defend herself. She is hereby informed of her rights under section 306 (2) of the Criminal Procedure Code to address the court in the manner she intends to defend herself and whether she wishes to call any witnesses in her defence. I make orders accordingly.
Dated, signed and delivered this 29th day of June 2015.
S.N. Mutuku
Judge