[2005] KEHC 1247 (KLR)
The court found that the prosecution had adduced sufficient evidence through 15 witnesses to establish a prima facie case against the accused, Ramadhan Omollo Emiteti, for the murder of Richard Wafula. The evidence presented was deemed adequate to require the accused to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2005] KEHC 1247 (KLR)
- Parties
- Applicant: Republic; Defendant: Ramadhan Omollo Emiteti
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2002
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- 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
Ramadhan Omollo Emiteti
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the murder of Richard Wafula.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through 15 witnesses to establish a prima facie case against the accused, Ramadhan Omollo Emiteti, for the murder of Richard Wafula. The evidence presented was deemed adequate to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the accused's rights regarding the manner of giving his defence and the implications of each option. The ruling did not determine guilt but required the accused to respond to the prosecution's case.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLICOF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Criminal Case 46 of 2002REPUBLIC ……………………………………………..……….. PROSECUTOR V E R S U S RAMADHAN OMOLLO EMITETI ……………………………….. ACCUSED
R U L I N G The accused, Ramadhan Omollo Meteti, was charged with murder c/s 203 as read with section 204 of the Penal Code. The particulars of the charge are that he murdered RICHARD WAFULA on the 31st December, 2001 at Busombi village, Khalaba sublocation, Matungu Location in Butere/Mumias District within Western Province.
A total of 15 witnesses gave evidence in support of the charge. The evidence shows that Richard Wafula, deceased, was murdered as alleged. The evidence adduced by the prosecution in support of the charge point to the accused. A prima facie case has been made out to warrant the accused to be put on his defence. In terms of the provisions of section 306 (2) of the Criminal Procedure Code (Cap.75) I put the accused on his defence. The accused has the right to give an unsworn statement from the dock and call witnesses. If he does so, he will not be cross examined but his witnesses will. He has also the right to give sworn evidence and to call witnesses. If he does so, he shall be cross-examined as will his witnesses. He has also the right to remain mum in which case his counsel may sum up the case against the accused.
Dated at Kakamega this 28th day of October, 2005.
G. B. M. KARIUKI J U D GE