[2022] KEHC 12144 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused, Ayub Osore Ambetsa, for the murder of Daniel Ambetsa Isindu. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the accused is...
Source-derived case information.
- Citation
- [2022] KEHC 12144 (KLR)
- Parties
- Applicant: Republic; Defendant: Ayub Osore Ambetsa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- WM Musyoka
- 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
Ayub Osore Ambetsa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused, Ayub Osore Ambetsa, for the murder of Daniel Ambetsa Isindu. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused shall be put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Ayub Osore Ambetsa (Criminal Case 27 of 2014) [2022] KEHC 12144 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12144 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 27 of 2014
WM Musyoka, J
July 29, 2022
Between
Republic
Prosecution
and
Ayub Osore Ambetsa
Accused
Ruling
1. The accused person is charged with the murder of Daniel Ambetsa Isindu. The particulars are that on the June 1, 2014, at Ematundu village, Wambulishe sub-location, Kisa Central location, Khwisero sub-county, within Kakamega county, he murdered the said person.
2. From reading the material on record and having heard the five witnesses presented by the republic, I am persuaded that the prosecution has adduced evidence which establishes a prima facie case, upon which the accused person should be put on his defence. I find that he has a case to answer.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29THDAY OFJULY,2022. WMMUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Munyendo, Advocate for the accused person.