[2015] KEHC 4304 (KLR)
The court found that the prosecution, through the testimony of eight witnesses and circumstantial evidence, has established a prima facie case against the accused. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on his defence in...
Source-derived case information.
- Citation
- [2015] KEHC 4304 (KLR)
- Parties
- Applicant: Republic; Defendant: Edward Ngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence under Section 306(2) of the Criminal Procedure Code.
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edward Ngetich
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the circumstantial evidence adduced is sufficient at this stage to require the accused to answer the charge.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses and circumstantial evidence, has established a prima facie case against the accused. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence under Section 306(2) of the Criminal Procedure Code.
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.25 OF 2010
REPUBLIC.........................................................................PROSECUTOR
VERSUS
EDWARD NGETICH.................................................................ACCUSED
R U L I N G
The accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
The Prosecution called a total of eight (8) witnesses who have explained what they know about the circumstances surrounding the deceased's death.
The evidence is circumstantial and I am satisfied that the prosecution has made out a prima facie case against the accused person.
I hereby place the accused on his defence under Section 306 (2) of the Criminal Procedure Code.
Dated, signed and delivered in open court this 12th day of June, 2015
H.I.ONG'UDI
JUDGE
In the presence of;
M/s Kivali for State
Mr. Akinyi for accused-present
Kipyegon- court assistant
Accused- present in person
Interpretation-English/Kipsigis