A water vendor accused of killing another in Eastleigh, Nairobi, has been found with a case to answer.
Mahadh Farah alias Issa will now be placed on defence to answer to the allegations that on September 11, 2022, at Maida Apartments in the aforementioned area, he murdered Abdifatha Hassan Baare alias Mrefu.
When he was first arraigned, he pleaded not guilty to the offence and the state called up ten witnesses.
Appearing before Justice Kanyi Kimondo of Milimani High Court, some of the witnesses said Issa and Mrefu knew each other before their fatal meeting.
This is considering that Mrefu had, some time back, accommodated Issa in his house.
One of the witnesses said on the day the offence was committed, a dispute arose between the two men as to who was entitled to supply water at Maida apartments.
At some point, a scuffle erupted between them but they were separated before the same escalated.
However, the court heard, there was another "commotion" between the "sons of Mrefu and Issa's conductor and another Somali man".
The witness would then hear groans emanating from Mrefu sometime during the commotion and he saw Issa running away from the scene.
When people gathered around Mrefu in curiosity, they saw that the man was bleeding and rushed him to a local hospital.
Unfortunately, he succumbed to a sharp injury to his chest, the same day.
An autopsy revealed that he died due to excessive hemorrhaging from the single stab wound on his chest.
Following the evidence from the witnesses, the defence raised the issue that there were several discrepancies between the evidence of some of the witnesses.
The court however noted it was clear that the man was rushed to the hospital where he succumbed to the injury.
As the court was preparing to decide whether Issa had a case to answer, the defence counsel also argued that the prosecution's case was built on weak circumstantial and contradictory evidence.
He prayed that Issa be acquitted at the earliest.
The state however opposed this, stating that on the totality of the evidence, Issa has a case to answer.
Judge Kimondo at this stage, notes that Issa is still deemed innocent.
Upon deliberating the evidence of all the ten witnesses, he found that the state had established a prima facie case against Issa.
Prima facie is a legal claim having enough evidence to proceed to trial or judgment.
"Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now place the accused on his defence," Judge Kimondo ordered.
Section 306 (2) of the CPC states that, "When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his behalf, or to make an unsworn statement, and to call witnesses in his defence, and all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact".
The orders were delivered on Monday, December 4.
