REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO.40 OF 2003 REPUBLIC …………………………………………………… PROSECUTOR VERSUS ABDALLA ALFAN MWADZIKONDO ….………..…………… ACCUSED Coram: Before Hon. Justice Mwera Miss Mwaniki for the State Miss Jin No appearance for the accused person Court clerk – Mitoto RULING After hearing ten (10) prosecution witnesses the State closed its case. Mr. Munyao who has the conduct of this case (from Ms. Jin w.e.f. 30-6-04) submitted that a prima facie case had not been made out to warrant the accused to be put on his defence. That evidence so far had not linked the accused to the commission of the offence and that even PW.1 (Masud Serai) who claimed to have been at the scene on the night (not 9.30 a.m.) of the incident did not come across clearly with the vital details e.g. as to time, exact spot and whether the accused had/left with the knife (the murder weapon. That the other evidence was basically hearsay and in any case the knife which the accused is said to have given to the police was examined by a government analyst and no blood was found on it – either of the accused or the deceased. The learned State Counsel’s position was that the evidence on record was sufficient to put the accused on his defence. After hearing both counsel and perusing the evidence so far adduced the court is of the view that the accused be put on his defence in accordance with S.306 (2) Criminal Procedure Code. Order delivered on 22nd November, 2004. J.W. MWERA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.