REPUBLIC v ARAFAT DAUDI [2007] KEHC 1385 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)

CRIMINAL CASE 91 OF 2005

REPUBLIC…………………………………….………PROSECUTOR

VERSUS

ARAFAT DAUDI……….……………........………………..ACCUSED

R U L I N G

[On whether or not Accused has a case to Answer]

The accused ARAFAT DAUDI was charged with the murder of SONOSI YUSUF SONOSI, which murder allegedly took place on 3/2/1005, at about 7. 30p.m. at Kibera Makina, within Nairobi Province.

The accused was charged with the murder herein above, on 1/9/2005.

The prosecution called eight (8) witnesses.  The witnesses included those who were present at the scene of crime at the time the offence was allegedly committed.

I have carefully perused the testimony of the eight witnesses, including their answers during the cross-examination by the Learned Defence Counsel, and I have found and reached the conclusion that the prosecution has adduced sufficient evidence to show that the accused has a case to answer.

Accordingly, I rule that the prosecution has established a prima facie case warranting the accused to be put on his defence against the charge of murder of SONOSI YUSUF SONOSI on 3rd February, 2005.

Accused to be  put on his defence.

It is so ruled.

DATED and delivered on this 10th Day of December, 2007.

O.K. MUTUNGI

JUDGE