[2017] KEHC 6222 (KLR)
The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder against all three accused persons. Therefore, the court is satisfied that a prima facie case has been made out, warranting the accused persons to be placed on their defence in...
Source-derived case information.
- Citation
- [2017] KEHC 6222 (KLR)
- Parties
- Applicant: Republic; Defendant: Antoinette Uwineza; Defendant: Alexander Kide Mutie; Defendant: Kassim Oyamo Odiwuor
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2013
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- AM Cockar
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Antoinette Uwineza
Defendant
Alexander Kide Mutie
Defendant
Kassim Oyamo Odiwuor
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to answer the charge of murder.
Ratio Decidendi
The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder against all three accused persons. Therefore, the court is satisfied that a prima facie case has been made out, warranting the accused persons to be placed on their defence in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- The three accused persons are placed on their defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HCCRC NO. 45 OF 2013
LESIIT, J
REPUBLIC………………………………………...……PROSECUTOR
VERSUS
ANTOINETTE UWINEZA………………....……….……1ST ACCUSED
ALEXANDER KIDE MUTIE………...…………….……2ND ACCUSED
KASSIM OYAMO ODIWUOR…..…………...………..3RD ACCUSED
RULING
1. The accused persons are charged with murder contrary to section 203 of the Penal Code.
2. After considering the evidence by the prosecution, I am satisfied that the prosecution has established a prima facie case against all 3 accused persons to warrant this court require the accused persons to answer the charge facing them.
3. Accordingly I place the three accused persons on their defence.
DATED AT NAIROBI THIS 27TH DAY OF APRIL, 2017.
LESIIT, J
JUDGE