THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI(Milimani Law courts) CRIMINAL CASE NO 15 OF 2009 REPUBLIC.......................................................................................................PROSECUTOR VERSUS ISMAEL KALAMSHO KABIRU.............................................................................ACCUSED RULING The accused, ISMAEL KALAMSO KABIRU, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The prosecution has called 8 witnesses before closing its case. I am now required to determine whether or not the accused has a case to answer. From the evidence on record, there are 3 witnesses who told the court that they witnessed the accused shooting the deceased with an arrow. Thereafter, when the deceased had passed on, his body was examined by a medical doctor. The said doctor ascertained that the death was caused by a penetrating chest injury with severe bleeding. The doctor testified that he extracted the fatal arrow-head from the body of the deceased. In the circumstances, I find that the prosecution has established a prima facie case against the accused. At this juncture, unless the accused was able to come up with a plausible defence, the court is likely to find him to be criminally liable for the death of ABIKAR SIYAT. In the event, the accused has a case to answer. He is therefore put to his defence. Dated, Signed and Delivered at Nairobi, this 30th day of May, 2011. ..................................................... FRED A. OCHIENG JUDGE
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