[2023] KEHC 17894 (KLR)
The court found that the prosecution's evidence, particularly from six witnesses, sufficiently placed the accused at the scene of the crime and demonstrated his use of a firearm against the deceased. This evidence created a rebuttable presumption that the accused caused the death, thereby necessitating that the...
Source-derived case information.
- Citation
- [2023] KEHC 17894 (KLR)
- Parties
- Applicant: Republic (Director of Public Prosecutions); Defendant: Evans Joseph Alombe
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 74 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- PJO Otieno
- Legal Topics
- Murder Trial, Case to Answer, Burden of Proof, Use of Firearm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (Director of Public Prosecutions)
Applicant
Evans Joseph Alombe
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused to be put on his defence.
- 2 Whether the evidence adduced places the accused at the scene and links him to the alleged offence.
Ratio Decidendi
The court found that the prosecution's evidence, particularly from six witnesses, sufficiently placed the accused at the scene of the crime and demonstrated his use of a firearm against the deceased. This evidence created a rebuttable presumption that the accused caused the death, thereby necessitating that the accused be put on his defence to rebut the presumption. The court, therefore, ruled that the accused has a case to answer under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for October 11, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic (DPP) v Alombe (Criminal Case 74 of 2018) [2023] KEHC 17894 (KLR) (12 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17894 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 74 of 2018
PJO Otieno, J
May 12, 2023
Between
Republic (DPP)
Prosecutor
and
Evans Joseph Alombe
Accused
Ruling
1. Having perused the evidence recorded from the six (6) prosecution witnesses, it is determined that the Accused was properly placed at the scene of the crime and demonstrated to have used a firearm against the deceased. That evidence creates a rebuttable presumption that the Accused caused the death of the deceased and he thus needs to say something towards the rebuttal of that presumption.
2. The Court determines that he has a case to answer and places him on his defence.
3. Defence hearing on October 11, 2023.
DATED, SIGNED AND DELIVERED IN KAKAMEGA THIS 12TH DAY OF MAY 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:……………………………….. for the Prosecution/State………………………………. for the AccusedCourt Assistant: Polycap