[2024] KEHC 9989 (KLR)

[2024] KEHC 9989 (KLR)

The court held that the prosecution had established a prima facie case against the accused persons, Julius Ekiru and Samwel Ejikon, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The evidence presented, including eyewitness testimony, recovery of exhibits, and the circumstances of the offence, was sufficient to require the accused to be put on their defence. The court emphasized that at this stage, it is not required to evaluate the credibility of witnesses or determine guilt beyond reasonable doubt, but only to ascertain whether the prosecution's evidence, if unchallenged, could sustain a conviction. The court found that the prosecution met...

Citation
[2024] KEHC 9989 (KLR)
Parties
Defendant: Julius Ekiru; Defendant: Samwel Ejikon; Applicant: Republic of Kenya
Court
High Court
Court Station
High Court at Lodwar
Jurisdiction
Kenya
Judgment Date
8 August 2024
Case Number
Criminal Case E010 of 2019
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Outcome
Accused persons found to have a case to answer and called upon to enter their defence.
Judges
RN Nyakundi
Legal Topics
Murder, Prima Facie Case, Burden of Proof, Elements of Offence
Source Language
English
Criminal Law Murder Prima Facie Case Burden of Proof Elements of Offence

Case Brief

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Parties

Julius Ekiru

Defendant

Samwel Ejikon

Defendant

Republic of Kenya

Applicant

Procedural Posture

Criminal Case / Ruling on Case to Answer at Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
  2. 2 Whether the evidence presented by the prosecution is sufficient to prove the elements of murder as charged under section 203 as read with section 204 of the Penal Code.
  3. 3 Whether the accused persons were positively identified and placed at the scene of the crime.

Ratio Decidendi

The court held that the prosecution had established a prima facie case against the accused persons, Julius Ekiru and Samwel Ejikon, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The evidence presented, including eyewitness testimony, recovery of exhibits, and the circumstances of the offence, was sufficient to require the accused to be put on their defence. The court emphasized that at this stage, it is not required to evaluate the credibility of witnesses or determine guilt beyond reasonable doubt, but only to ascertain whether the prosecution's evidence, if unchallenged, could sustain a conviction. The court found that the prosecution met...

Court Disposition

Accused persons found to have a case to answer and called upon to enter their defence.

Orders

  • The accused persons are hereby called upon to answer to the prima facie case on the charge of murder contrary to section 203 of the Penal Code.
  • Defence hearing scheduled for 17th September 2024.