[2025] KEHC 5147 (KLR)

[2025] KEHC 5147 (KLR)

The court found that the prosecution, through the evidence of four witnesses, had established sufficient facts to constitute a prima facie case against the accused for the offence of murder. The evidence included the circumstances of the alleged fight between the accused and the deceased, as well as their relationship. Applying section 306 of the Criminal Procedure Code and the principles from relevant case law, the court held that there was enough evidence on record that, if unchallenged, could sustain a conviction. Therefore, the accused was called upon to make his defence, and the matter was set down for defence hearing.

Citation
[2025] KEHC 5147 (KLR)
Parties
Applicant: Republic; Defendant: Ewoi Edan
Court
High Court
Court Station
High Court at Lodwar
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Criminal Case E001 of 2023
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Outcome
Accused found to have a case to answer; ordered to make his defence.
Judges
RN Nyakundi
Legal Topics
Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
Source Language
English
Criminal Law Murder Prima Facie Case Burden of Proof Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Ewoi Edan

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer at Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
  2. 2 What constitutes a prima facie case at the close of the prosecution case under section 306 of the Criminal Procedure Code.

Ratio Decidendi

The court found that the prosecution, through the evidence of four witnesses, had established sufficient facts to constitute a prima facie case against the accused for the offence of murder. The evidence included the circumstances of the alleged fight between the accused and the deceased, as well as their relationship. Applying section 306 of the Criminal Procedure Code and the principles from relevant case law, the court held that there was enough evidence on record that, if unchallenged, could sustain a conviction. Therefore, the accused was called upon to make his defence, and the matter was set down for defence hearing.

Court Disposition

Accused found to have a case to answer; ordered to make his defence.

Orders

  • The accused is found to have a case to answer and is called upon to make his defence.
  • Defence hearing is scheduled for 2nd May, 2025.