[2006] KEHC 1368 (KLR)
The court found that the prosecution, through the testimony of 10 witnesses, had established a prima facie case against both accused persons, Faustine Etyang alias Ekisa and Geofrey Ekisa Kaburo. The evidence presented was deemed sufficient to incriminate the accused and justify placing them on their defence for the...
Source-derived case information.
- Citation
- [2006] KEHC 1368 (KLR)
- Parties
- Applicant: Republic; Defendant: Faustine Etyang alias Ekisa; Defendant: Geofrey Ekisa Kaburo
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 & 40 of 2004
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused persons placed on their defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Faustine Etyang alias Ekisa
Defendant
Geofrey Ekisa Kaburo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence presented by the prosecution sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of 10 witnesses, had established a prima facie case against both accused persons, Faustine Etyang alias Ekisa and Geofrey Ekisa Kaburo. The evidence presented was deemed sufficient to incriminate the accused and justify placing them on their defence for the charge of murder. The court accordingly ruled that the accused must now state whether they wish to testify and whether they intend to call any witnesses, as required by law at this stage of criminal proceedings.
Court Disposition
Accused persons placed on their defence.
Orders
- Accused persons to give sworn evidence without calling witnesses.
- Case fixed for mention on 22.2.2006 for purposes of fixing a hearing date.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Criminal Case 28 & 40 of 2004
REPUBLIC.......................................................................................................PROSECUTOR
VS
FAUSTINE ETYANG Alias EKISA........................................................................1ST ACCUSED
GEOFREY EKISA KABURO..................................................................................2ND ACCUSED
RULING
The accused persons herein, Faustine Etyang alias Ekisa and Geofrey Ekisa kaburo are before this Court duly charged with the offence of murder contrary to section 203 as read together with Section 204 of the Penal code. The particulars of the offence are that on the 5th day of May 2003 at Mongodewa Village, Moding Location in Teso District within Western Province, jointly murdered Benjamin Emojong.
The prosecution tendered the evidence of 10 witnesses in support of the charge. I have anxiously and carefully considered the evidence presented by the 10 prosecution witnesses. I am satisfied that the evidence incriminate both the accused persons as the people who committed the offence now facing them. They are consequently placed on their defence. It is now upon each of the accused persons to state whether they intend to summon witnesses and whether or not they would testify in person and if so whether they would give sworn or unsworn testimony.
Dated and delivered this 30th day of January 2006
J. K. SERGON
JUDGE
In the presence of Mr. Aoga for the accused. In the absence of the learned Principal State Counsel.
MR OYAGIO: The accused persons shall give sworn evidence without calling witnesses. We pray for a date.
COURT: This case is fixed for mention on 22. 2.2006 for purposes of fixing a hearing date. The assessors be paid today’s allowances.
J. K. SERGON
JUDGE