[2025] KEHC 1398 (KLR)
The court found that the prosecution's evidence, including witness testimonies and exhibits, was sufficient to establish a prima facie case against the accused for the offence of murder. As a result, the accused was placed on his defence in accordance with the law, specifically Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2025] KEHC 1398 (KLR)
- Parties
- Applicant: Republic; Defendant: Justus Opeywa Abuli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Judges
- SC Chirchir
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Justus Opeywa Abuli
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, including witness testimonies and exhibits, was sufficient to establish a prima facie case against the accused for the offence of murder. As a result, the accused was placed on his defence in accordance with the law, specifically Section 306(2) of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage but found that the threshold for requiring the accused to answer the charge had been met.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Abuli (Criminal Case 26 of 2019) [2025] KEHC 1398 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1398 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 26 of 2019
SC Chirchir, J
February 20, 2025
Between
Republic
Prosecution
and
Justus Opeywa Abuli
Accused
Ruling
1. The accused herein was charged with Murder contrary to Section 203 as read with Section 204 of the Penal code.
2. I have read through the prosecution witnesses’ and testimonies and seen the exhibits and I am satisfied that the prosecution has established a prima facie case against the accused person.Consequently, he is hereby placed on his defence.
DATED, SIGNED AND DELIVERED AT ISIOLO, VIA MICROSOFT TEAMS, THIS 20TH DAY OF FEBRUARY, 2025. S. CHIRCHIRJUDGEIn the presence of:Godwin Luyundi- Court AssistantThe Accused- in personMs. Kagai for D.P.P