[2006] KEHC 122 (KLR)
The court found that the prosecution had adduced sufficient evidence, including direct evidence implicating the accused, to establish a prima facie case of murder against Richard Shiribwa. The evidence presented by six prosecution witnesses was deemed adequate to require the accused to be put on his defence. The...
Source-derived case information.
- Citation
- [2006] KEHC 122 (KLR)
- Parties
- Appellant: Republic; Respondent: Richard Shiribwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2002
- Procedural Posture
- Criminal Appeal / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- 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
Appellant
Richard Shiribwa
Respondent
Procedural Posture
Criminal Appeal / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
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 implicates the accused sufficiently at this stage.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including direct evidence implicating the accused, to establish a prima facie case of murder against Richard Shiribwa. The evidence presented by six prosecution witnesses was deemed adequate to require the accused to be put on his defence. The court emphasized that it is not appropriate at this stage to analyze the evidence in detail before hearing the defence, but the threshold for a prima facie case had been met under Section 306 of the Criminal Procedure Code. Accordingly, the accused was called upon to inform the court whether he would give sworn or unsworn evidence and whether he would call witnesses.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused is put on his defence.
- Defence counsel to inform the court whether the accused will give sworn or unsworn evidence and whether he will call witnesses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Criminal Appeal 30 of 2002
REPUBLIC ================================== PROSECUTOR
V E R S U S
RICHARD SHIRIBWA ============================= ACCUSED
R U L I N G
The accused, Richard Shiribwa, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge are:-
RICHARD SHIRIBWA:on the 23rd day of December, 2001 at Shabwali Sub-location, Shikumu Location of Kakamega District within the Western Province, jointly with others not before court murdered FANUS MITARO ATOLE.
Before the prosecution closed its case on 6. 7.2006, a total of six prosecution witnesses had testified. The evidence clearly establishes the fact that the deceased FANUS MITARO ATOLE was murdered on 23rd December 2001. The issue for my decision at this stage is whether sufficient evidence has been adduced to establish a prima facie case against the Accused, to warrant his being put on his defence. Section 306 of the Criminal Procedure Code, Chapter 75 of the laws of Kenya enjoins me to make a finding of not guilty and to acquit the accused if I
find that the prosecution has not established a prima facie case against him. There is direct evidence in which the accused is implicated. The evidence has, in my view, established a prima facie case against the accused. It is not proper at this stage to analyze in detail the evidence so far adduced before hearing the defence of the accused.
Suffice it to say that it does establish a prima facie case. Accordingly, I put the accused on his defence. His counsel shall inform the court if the accused shall give sworn or unsworn evidence and whether he shall call witnesses.
Delivered, dated and signed on 12th October, 2006.
G. B. M. KARIUKI
J U D G E