[2016] KEHC 833 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Emmanuel Andayi Khaemba, for the offence of murder. Consequently, the accused was placed on his defence in accordance with the requirements of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2016] KEHC 833 (KLR)
- Parties
- Respondent: Republic; Defendant: Emmanuel Andayi Khaemba
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- accused placed on defence
- Judges
- A Ali-Aroni
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Emmanuel Andayi Khaemba
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his 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, Emmanuel Andayi Khaemba, for the offence of murder. Consequently, the accused was placed on his defence in accordance with the requirements of the Criminal Procedure Code.
Court Disposition
accused placed on defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. 53 OF 2009
REPUBLIC……………………………………………………PROSECUTOR
VERSUS
EMMANUEL ANDAYI KHAEMBA……………...……………… ACCUSED
RULING
I have considered the prosecution case in this matter where the accused EMMANUEL ANDAYI KHAEMBA is faced with the offence of murder.
I am of the opinion that the prosecution has made out a prima facie case and will therefore place the accused on his defence.
DATED and DELIVERED at BUNGOMA this 20TH OF DECEMBER 2016
ALI-ARONI
JUDGE