[2016] KEHC 3719 (KLR)
The court found that, despite the absence of Dr. Kioko who prepared the P3 form, the evidence presented by the prosecution, including the testimony of Dr. Abdalla Mohamed and the post mortem form, was sufficient to establish a prima facie case against the accused. The court held that the accused has a case to answer...
Source-derived case information.
- Citation
- [2016] KEHC 3719 (KLR)
- Parties
- Applicant: Stephen Muthui Kyalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 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.
- 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
Stephen Muthui Kyalo
Applicant
Republic
Respondent
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 produced, including the post mortem form, is sufficient at this stage.
Ratio Decidendi
The court found that, despite the absence of Dr. Kioko who prepared the P3 form, the evidence presented by the prosecution, including the testimony of Dr. Abdalla Mohamed and the post mortem form, was sufficient to establish a prima facie case against the accused. The court held that the accused has a case to answer and should be put on his defence in accordance with section 211 of the Criminal Procedure Code.
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 to be informed of his options under section 211 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 2013
STEPHEN MUTHUI KYALO...........PROSECUTOR
VERSUS
REPUBLIC...............................................ACCUSED
RULING
The accused stands charged with murder contrary to section 203 as read with section 204 of the Penal Code.
The particulars of the offence are that on 27th June 2013 at Kathuri market KITOVOTO sub – location MUSYUNGWA Location in TSEIKURU district within Kitui County murdered Munyoki Mwinzi.
The hearing of the case commenced in 2014. The prosecution called five (5) witnesses before closing their case on 5th May 2016. By the time the prosecution closed its case, Dr. Abdalla Mohamed (PW5) had testified and produced the post mortem form on the deceased Munyoki Mwinzi on behalf of his colleague Dr. Indumwa who was said to be on study leave. The cause of death was described in the post mortem form.
Thereafter, the prosecution closed its case, though the Prosecuting Counsel Mr. Okemwa indicated that he had wanted to call a doctor Kioko who prepared a P3 form, as the Dr. Abdalla PW5 who testified, had not worked with Dr. Kioko who was said to be on study leave.
I have considered the evidence on record. Though Dr. Kioko was not called to produce a P3 form, I am of the view that on the evidence on record and the post mortem form produced, the prosecution established a prima facie case entitling this court to put the accused person on his defence. I find that the accused has a case to answer.
I thus put the accused person on his defence, and explain to him the options available to him in his defence in accordance with the provisions of section 211 of the Criminal Procedure Code (Cap. 75).
Dated and delivered at Garissa this 16th August, 2016
GEORGE DULU
JUDGE