[2023] KEHC 23429 (KLR)

[2023] KEHC 23429 (KLR)

The court found that the evidence adduced by the prosecution sufficiently connected the accused persons to the death of the deceased, thereby establishing a prima facie case. This finding necessitates that the accused persons be put on their defence to rebut the prosecution's case, as required by law. The court...

Source-derived case information.

Citation
[2023] KEHC 23429 (KLR)
Parties
Applicant: Republic; Defendant: Chekata Luka Chiveli; Defendant: Jacob Munyasia Wekesa
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 30 of 2017
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Both accused persons found to have a case to answer and are put on their defence.
Judges
PJO Otieno
Legal Topics
Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
Source Language
en
Criminal Law Murder Trial Prima Facie Case Case to Answer Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Chekata Luka Chiveli

Defendant

Jacob Munyasia Wekesa

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.

Ratio Decidendi

The court found that the evidence adduced by the prosecution sufficiently connected the accused persons to the death of the deceased, thereby establishing a prima facie case. This finding necessitates that the accused persons be put on their defence to rebut the prosecution's case, as required by law. The court therefore ruled that both accused persons have a case to answer and set the matter for defence hearing.

Court Disposition

Both accused persons found to have a case to answer and are put on their defence.

Orders

  • Both accused persons are put on their defence.
  • Defence hearing scheduled for October 31, 2023.