[2006] KEHC 510 (KLR)
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused, Richard Shiribwa, for the murder of Fanus Mitaro Atole. There was direct evidence implicating the accused, and the court determined that it was not appropriate to analyze...
Source-derived case information.
- Citation
- [2006] KEHC 510 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Shiribwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 30 of 2002
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer After Prosecution Case
- Outcome
- accused put on his defence
- Judges
- CM Kariuki
- 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
Richard Shiribwa
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer After Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused, Richard Shiribwa, for the murder of Fanus Mitaro Atole. There was direct evidence implicating the accused, and the court determined that it was not appropriate to analyze the evidence in detail before hearing the defence. Consequently, the accused was put on his defence in accordance with section 306 of the Criminal Procedure Code.
Court Disposition
accused put on his defence
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
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
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 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
JUDGE