[2015] KEHC 4589 (KLR)
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused, Thomas Kisaka, for the murder of Paul Talusi Mugoya. The evidence, if uncontroverted, could support a conviction. Therefore, the accused is required to be put on his...
Source-derived case information.
- Citation
- [2015] KEHC 4589 (KLR)
- Parties
- Applicant: Republic; Defendant: Thomas Kisaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- 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
Applicant
Thomas Kisaka
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 adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused, Thomas Kisaka, for the murder of Paul Talusi Mugoya. The evidence, if uncontroverted, could support a conviction. Therefore, the accused is required to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The accused was informed of his rights to address the court, to elect whether to give evidence on oath or not, and to call witnesses in his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence.
- The accused is informed of his rights under section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 8 OF 2013
REPUBLIC…………………………………………….PROSECUTOR
VERSUS
THOMAS KISAKA…………………………………………ACCUSED
RULING
Thomas Kisaka, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 8th December 2012 at Kawangware in Dagoretti District within Nairobi County jointly with others not before the court he murdered Paul Talusi Mugoya.
The prosecution has come to the close of its case after eight (8) witnesses. The court is required to examine and analyze the evidence of these witnesses and determine whether a prima facie case has been made out against the accused as to require him to defend himself.
I have analyzed all the evidence of the prosecution witnesses and my considered view is that there is sufficient evidence to enable me make a finding that the accused person has a case to answer. I will and do hereby put him on his defence. He is hereby informed of his right under section 306 (2) Criminal Procedure Code to address this court either in person or through his advocate on how he wishes to defend himself either by taking oath or without taking oath. He is also informed of his right to inform the court whether he wishes to call any witnesses in his defence. It is so ordered.
Dated, signed and delivered this 21st day of May 2015.
S. N. Mutuku
Judge