[2015] KEHC 3837 (KLR)
The court found that the prosecution, having called four witnesses, had established a prima facie case against the accused for the offence of murder. The evidence on record was deemed sufficient to require the accused to be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2015] KEHC 3837 (KLR)
- Parties
- Applicant: Republic; Defendant: Anthony Shikhandi Indongole
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused placed on his defence; prosecution established prima facie case.
- Legal Topics
- Murder Trial, Prima Facie Case, Plea Bargaining, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Anthony Shikhandi Indongole
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called four witnesses, had established a prima facie case against the accused for the offence of murder. The evidence on record was deemed sufficient to require the accused to be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ordered that the accused be put on his defence, as the threshold for a prima facie case had been met.
Court Disposition
Accused placed on his defence; prosecution established prima facie case.
Orders
- The accused is placed on his defence under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
CRIMINAL CASE NO. 40 OF 2009.
REPUBLIC........................................................PROSECUTOR.
VERSUS
ANTHONY SHIKHANDI INDONGOLE...................ACCUSED.
R U L I N G.
1. The accused person herein, ANTHONY SHIKHANDI INDONGOLE was arraigned before the court on 22/9/2009 for taking of a plea. Due to negotiations on plea bargaining which did not realise any frustration, this court inadvertently did not take the plea until on 22/6/2011. The accused person then pleaded not guilty to the charge of murdering SAMMY HASSAN WERE.
2. The prosecution availed 4 witnesses whose evidence this court has carefully gone through. I am satisfied that the prosecution, on the evidence on record, has established a prima-facie case against the accused person. The accused person is humbly placed on his defence. Section 306 of the Criminal Procedure Code to be complied with.
3. Orders accordingly.
DELIVERED, DATED and SIGNED this 1st day of July, 2015.
A.C. MRIMA.
JUDGE.