[2016] KEHC 4086 (KLR)
The court found that, based on the evidence presented by the prosecution and in the absence of submissions from both parties, the prosecution had established a prima facie case against the accused. The court held that the evidence on record was sufficient to require the accused to be put on his defence, as a...
Source-derived case information.
- Citation
- [2016] KEHC 4086 (KLR)
- Parties
- Plaintiff: Republic; Defendant: Ronoh Khalif Ahmed
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence; court to explain options under section 306 of the Criminal Procedure Code.
- Judges
- GMA Dulu
- Legal Topics
- Murder Charge, 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
Plaintiff
Ronoh Khalif Ahmed
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.
- 2 Whether the evidence on record, if uncontroverted, could lead to a conviction.
Ratio Decidendi
The court found that, based on the evidence presented by the prosecution and in the absence of submissions from both parties, the prosecution had established a prima facie case against the accused. The court held that the evidence on record was sufficient to require the accused to be put on his defence, as a reasonable tribunal could convict if the accused remained silent. The court thus invoked section 306 of the Criminal Procedure Code and directed that the accused be put on his defence, explaining the options available to him under the law.
Court Disposition
Accused put on his defence; court to explain options under section 306 of the Criminal Procedure Code.
Orders
- The accused is put on his defence.
- The court will explain to the accused the options available under section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 11 OF 2012
(FORMERLY NO. 18 OF 2011).
REPUBLIC ...................................... PLAINTIFF
V E R S U S
RONOH KHALIF AHMED ........... DEFENDANT
RULING
This is a 2011 case which initially was registered in Nairobi as Nairobi High Court Criminal Case No. 18 of 2011. The case was later transferred to Garissa after the High Court opened the registry in Garissa in the same year 2011.
The accused has been brought to court on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. Six witnesses have testified on behalf of the prosecution. The prosecution closed its case on 3rd of March 2016 and counsel for the defence and counsel for the prosecution elected not to make specific submissions on case to answer and left the issue to this court to decide.
The legal requirement is that an accused person should not be put on his defence in a criminal case unless at the close of the prosecution case, the prosecution has established a prima facie case against the accused person. A prima facie case is one where the court directing itself properly on the evidence on record may actually convict if the accused does not say anything in his defence. It does not mean that the court must convict on the evidence on record.
The provisions relating to putting an accused person on his defence in the High Court are contained in section 306 of the Criminal Procedure Code Cap 75.
Weighing the evidence on record and considering the fact that both the defence and the prosecution did not make submissions on a case to answer, I am of the view that the Prosecution from the evidence on record has established a prima facie case against the accused person herein. I thus put the accused on his defence and will proceed to explain to him the options available to him under section 306 of the Criminal Procedure Code.
Dated and delivered at Garissa this 20th July 2016.
GEORGE DULU
JUDGE