REPUBLIC OF KENYA IN THE HIGH OF KENYA AT MACHAKOS CRIMINAL CASE NO. E004 OF 2019 REPUBLIC……….......................DIRECTOR OF PROSECUTIONS PUBLIC VERSUS PAUL MULI ACCUSED 1. KIKOSI........……………………………....………… RULING ON NO CASE TO ANSWER The accused person namely Paul Muli Kikosi was charged with the offence of Murder contrary to section 204 as read with section 204 of the Penal Code particulars being that on the night of 27th day of January 2019 at Kwa Kulu Trading Centre, Mavoloni Location, Yatta area, Katoloni Sub-Location in Machakos County murdered Dishon Mutiso Nzuki. 2. The accused denied the charges and the case proceeded for hearing. The Prosecution called six witnesses in a bid to prove their case. Both the prosecution and the accused person relied on the evidence on record and did not file any submissions on no case to answer. 3. At the close of the prosecution case, the trial court must consider the evidence so far tendered by the prosecution to determine whether a prima facie case has been established in order to call upon the accused person to defend himself. If no such case has been made out at this stage, then the trial court must acquit the accused person as provided for under section 210 of the Criminal Procedure Code. 4. What constitutes a prima facie case is clearly stated in Ramanlal Trambaklal Bhatt v. R [1957] E.A 332 at 334 and 335, where the court stated as follows:
page 1 of 3
“Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution, the case is merely one "which on full consideration might possibly be thought sufficient to sustain a conviction." This is perilously near suggesting that the court would not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case. Nor can we agree that the question whether there is a case to answer depends only on whether there is "some evidence, irrespective of its credibility or weight, sufficient to put the accused person on his defence". A mere scintilla of evidence can never be enough: nor can any amount of worthless discredited evidence......It may not be easy to define what is meant by a "prima facie case", but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence" 5. With the above authority in mind, I have carefully reviewed the evidence adduced by the prosecution witnesses more so that of the investigating officer and I do find the same has established a prima facie case against the accused person. Accordingly, the accused person is put on his defence. 6. This case shall therefore proceed for defence hearing. 7. It is so ordered. RULING DATED, SIGNED & DELIVERED AT MACHAKOS THIS 12TH MAY 2026
page 2 of 3
NOEL I. ADAGI JUDGE
page 3 of 3