[2015] KEHC 5991 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Chrisandos Wiyala, for the murder of Lucy Adhiambo. The evidence on record, including the fact of death and the circumstances presented by the four prosecution witnesses, was deemed adequate to...
Source-derived case information.
- Citation
- [2015] KEHC 5991 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrisandos Wiyala
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chrisandos Wiyala
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Chrisandos Wiyala, for the murder of Lucy Adhiambo. The evidence on record, including the fact of death and the circumstances presented by the four prosecution witnesses, was deemed adequate to require the accused to respond to the charge. Consequently, the accused was put on his defence in accordance with the law.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 26 OF 2012
REPUBLIC ......................................................................STATE COUNSEL
VERSUS
CHRISANDOS WIYALA........................................................... ACCUSED
RULING
1. On 10/10/2012, the Accused herein CHRISANDOS WIYALA was charged with the murder of one LUCY ADHIAMBO.
2. He pleaded not guilty and thereafter the hearing of the case commenced. The prosecution called a total of 4 witnesses in its bid to prove the charge against the Accused.
3. At the close of the prosecution case on 24/11/2014 the parties invited the Court to make a ruling while reserving their submissions.
4. This Court has perused the record and the evidence tendered. It is a fact that the said LUCY ADHIAMBO lost her life and in view of the available evidence on record it would be only prudent to hear the Accused on what he may have to say on the charge, if any.
5. On that footing and upon the assessment of the evidence, this Court is satisfied that the prosecution has adduced sufficient evidence to warrant the Accused be placed on his defence.
6. The Accused herein is accordingly put on his defence.
DATED, DELIVERED AND SINGED AT KAKAMEGA THIS 12TH DAY OF FEBRUARY 2015.
A. C. MRIMA
JUDGE