[2016] KEHC 3716 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony placing the accused at the scene, the investigating officer's account, and the medical evidence regarding the cause of death, was sufficient to establish a prima facie case against the accused. Therefore, the accused should be put on her...
Source-derived case information.
- Citation
- [2016] KEHC 3716 (KLR)
- Parties
- Applicant: Republic; Respondent: Everlyne Isalamba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2012
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused put on her defence.
- Judges
- EC Mwita
- Legal Topics
- Murder, Criminal Trial Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Everlyne Isalamba
Respondent
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony placing the accused at the scene, the investigating officer's account, and the medical evidence regarding the cause of death, was sufficient to establish a prima facie case against the accused. Therefore, the accused should be put on her defence to explain and defend herself against the charge of murder.
Court Disposition
Accused put on her defence.
Orders
- The accused is put on her defence to explain and defend herself.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
HIGH COURT CRIMINAL CASE NO.38 OF 2012
REPUBLIC...........................PROSECUTOR
VERSUS
EVERLYNE ISALAMB ........RESPONDENT
RULING
1. Everlyne Isalamba, (the accused) has been arraigned before this court on the information of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars are that on the 25th September, 2012 at around 13 hours at Otiende estate, Township Sub-location, Bukhungu Location in Kakamega Central District of Western Province, murdered Geoffrey Odhiambo Oduor. The accused pleaded not guilty to the information and after a trial in which the prosecution called 6 witnesses this court has been called upon to rule whether the accused should be put on her defence.
2. I have considered the evidence of PW2, who explained what had happened and also that of PW2 and PW3. Their evidence places the accused at the scene. The evidence of PW6, the investigating officer and the one who arrested the accused has also been considered. The injuries sustained by the deceased as told by the witnesses are consistent with the post-mortem report and evidence of PW1 the pathologist. I have at the same time considered the evidence of PW5 who also says she was present at the time of incident.
3. From the above evidence, I find that there is sufficient evidence to put the accused on her defence. Consequently, I put the accused on her defence to explain and defend herself.
Dated and delivered at Kakamega this 29th day of July, 2016.
E.C. MWITA
JUDGE