Republic v Galma Abagaro Shano [2015] KEHC 1598 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 41 OF 2011

REPUBLIC……………………………………...……PROSECUTOR

VERSUS

GALMA ABAGARO SHANO………………………………ACCUSED

RULING

Galma Abagaro Shano, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code (Cap. 63) Laws of Kenya. The particulars of this offence state that on 5th day of May 2011 at Gatina Village in Kawangware Nairobi within Nairobi County he murdered Mohamed Halkano Duba.

In support of the case against the accused, the prosecution called a total of eleven (11) witnesses. In brief the accused and the deceased were neighbours at Gatina Village in Kawangware. On 5th May 2011 the accused is alleged to have stabbed the deceased who died while undergoing treatment. At this stage of the trial the court is required to determine whether there is sufficient evidence establishing a prima facie case in order to place the accused on his defence.

After the closure of the prosecution case defence counsel Mr. Omari submitted that the prosecution has failed to establish a prima facie case in respect of murder and called for acquittal of the accused. Counsel further submitted that if the court is inclined to put the accused on his defence the court should place the accused on his defence for the offence of manslaughter and not murder.

I have examined the evidence before me with care. Without going into the details at this stage of what each witness told the court it is my finding that the evidence so far gathered implicates the accused person. I will and do hereby find that the accused has a case to answer. The details of which offence is proved can be determined at a later stage in these proceedings.

The accused is informed of his rights under section 306 (2) of the Criminal Procedure Code to address this court and inform it the manner he wishes to defend himself and whether he will be calling witnesses in his defence. I make orders accordingly.

Dated, signed and delivered this 1st day of July 2015.

S. N. MUTUKU

JUDGE