[2013] KEHC 2880 (KLR)
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence on record, if left unchallenged, could potentially result in a conviction. Therefore, the accused is required to be put on his...
Source-derived case information.
- Citation
- [2013] KEHC 2880 (KLR)
- Parties
- Respondent: Republic; Defendant: Emmanuel Nyange Mwadoe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- 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
Respondent
Emmanuel Nyange Mwadoe
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence on record, if left unchallenged, could potentially result in a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 5th September, 2013 for defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 16 OF 2012
REPUBLIC…………………………………..………..………PROSECUTION
VERSUS
EMMANUEL NYANGE MWADOE…………..........………..………ACCUSED
RULING
The accused EMMANUEL NYANGE MWADOE faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused pleaded ‘Not Guilty’ to the charge. The prosecution called a total of eight (8) witnesses in support of their case. I have considered the evidence of the prosecution witnesses. I am satisfied that a prima facie case has been established. As such I do hereby direct that the accused shall give his defence to the charge.
Dated this 5th day of August, 2013.
M. ODERO
JUDGE
In the presence of:
Ms. Ngugi h/b Ms. Odhiang for Accused
Ms. Ogweno for state
Court Clerk Mutisya
Court:
Hearing 5th September, 2013 for defence.
M. ODERO
JUDGE
5TH AUGUST, 2013