[2011] KEHC 3723 (KLR)
The court, after reviewing the evidence recorded by Chitembwe, J., found that the prosecution had established a prima facie case against Cosmas Imbenzi Lumiti for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law when the prosecution's...
Source-derived case information.
- Citation
- [2011] KEHC 3723 (KLR)
- Parties
- Applicant: Republic; Defendant: Cosmas Imbenzi Lumiti
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2006
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused was found to have a case to answer and was placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cosmas Imbenzi Lumiti
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, after reviewing the evidence recorded by Chitembwe, J., found that the prosecution had established a prima facie case against Cosmas Imbenzi Lumiti for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law when the prosecution's case meets the threshold for a case to answer. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the Criminal Procedure Code.
Court Disposition
The accused was found to have a case to answer and was placed on his defence.
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE REPUBLIC OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 23 OF 2006
REPUBLIC
VERSUS
COSMAS IMBENZI LUMITI....................................................ACCUSED
RULING
1. The accused person herein, Cosmas Imbenzi Lumiti, was charged with the offence of murder contrary to S.203 as read with S.204 of the Penal Code. It was alleged that on 15. 12. 2005 at Bushifi village, Shirere Location in Kakamega District jointly with others not before the court, they murdered Definah Shiliebo.
2. I have now read the evidence as recorded by Chitembwe, J. and I am satisfied that the State has made out a prima facie case to warrant the accused person being put on his defence.
3. In the event, I find that he has a case to answer and will place him on his defence.
4. Orders accordingly.
Delivered, dated and signed at Kakamega this 3rd day of March, 2011.
ISAAC LENAOLA
J U D G E