[2015] KEHC 5969 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Dismas Itsutsa, for the murder of Pius Muyekho. The evidence presented, including the fact of death and the circumstances surrounding it, justified placing the accused on his defence to respond...
Source-derived case information.
- Citation
- [2015] KEHC 5969 (KLR)
- Parties
- Applicant: Republic; Defendant: Dismas Itsutsa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dismas Itsutsa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant the accused being placed on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Dismas Itsutsa, for the murder of Pius Muyekho. The evidence presented, including the fact of death and the circumstances surrounding it, justified placing the accused on his defence to respond to the charge. The court, therefore, ruled that the accused should be put on his defence in accordance with the requirements of criminal procedure law.
Court Disposition
Accused put on his defence.
Orders
- The accused, Dismas Itsutsa, is put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 6 OF 2011
REPUBLIC...............................................STATE COUNSEL
VERSUS
DISMAS ITSUTSA...............................................ACCUSED
RULING
1. On 14/02/2011, the Accused herein DISMAS ITSUTSA was charged with the Murder of one PIUS MUYEKHO.
2. He pleaded not guilty and thereafter the hearing of the case commenced. The prosecution called a total of 6 witnesses in its bid to prove the charge against the Accused.
3. At the close of the prosecution case on 26/11/2014 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 PIUS MUYEKHO lost his life and in view of the available evidence 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 on record, 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