[2020] KEHC 2087 (KLR)
The court found that the prosecution had adduced sufficient evidence through witnesses and exhibits to establish a prima facie case against the accused persons. Consequently, the accused persons are required to be put on their defence in accordance with the law. The ruling does not determine guilt but finds that the...
Source-derived case information.
- Citation
- [2020] KEHC 2087 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Langat; Defendant: Kennedy Okuli
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Langat
Defendant
Kennedy Okuli
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through witnesses and exhibits to establish a prima facie case against the accused persons. Consequently, the accused persons are required to be put on their defence in accordance with the law. The ruling does not determine guilt but finds that the evidence presented meets the threshold for the accused to be called upon to answer the charge of murder.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 3 OF 2019
REPUBLIC...............................................................PROSECUTION
VERSUS
DENNIS LANGAT.......................................................1ST ACCUSED
KENNEDY OKULI.....................................................2ND ACCUSED
RULING
1. The accused persons Dennis Langat and Kennedy Okuli are charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars being that on 10/11/2018 at Rhamu, Mandera North Sub-County within Mandera County murdered Abdia Omar Adan.
3. They pleaded not guilty to the charge and the matter went into trial.
4. The prosecution called 16 witnesses and produced 12 exhibits to prove their case.
5. At the close of the prosecution case, the court is called to rule on whether the accused persons will be put into defence.
6. After going through the evidence on record, I find that a prima facie case has been established to warrant the accused persons to be put on their defence.
7. Thus the court orders: -
(i) The accused persons are hereby put on their defence.
Orders accordingly.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF OCTOBER, 2020.
……………….………………
C. KARIUKI
JUDGE