[2012] KEHC 3865 (KLR)

[2012] KEHC 3865 (KLR)

The court found that the prosecution had called five witnesses and, upon considering their evidence, determined that a prima facie case had been established against the accused. This finding means that the evidence presented, if unchallenged, would be sufficient to justify a conviction. Therefore, the accused is...

Source-derived case information.

Citation
[2012] KEHC 3865 (KLR)
Parties
Respondent: Republic; Defendant: Daniel Okoth Ngoka
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 5 of 2010
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Outcome
Accused to be put on his defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Daniel Okoth Ngoka

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case

Legal Issues

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

Ratio Decidendi

The court found that the prosecution had called five witnesses and, upon considering their evidence, determined that a prima facie case had been established against the accused. This finding means that the evidence presented, if unchallenged, would be sufficient to justify a conviction. Therefore, the accused is required to give his defence to the charge of murder as stipulated under the relevant provisions of the Penal Code and Criminal Procedure Code.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.