[2022] KEHC 12163 (KLR)
The court found that, upon reviewing the testimonies of the prosecution witnesses, particularly PW1, PW2, and PW3, the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence as per the requirements of...
Source-derived case information.
- Citation
- [2022] KEHC 12163 (KLR)
- Parties
- Applicant: Republic; Defendant: Festo Mukolwe Alukwe alias Yafes
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Murder Charge, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Festo Mukolwe Alukwe alias Yafes
Defendant
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 his defence.
Ratio Decidendi
The court found that, upon reviewing the testimonies of the prosecution witnesses, particularly PW1, PW2, and PW3, the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence as per the requirements of Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but solely whether the prosecution's evidence met the threshold to proceed beyond the close of its case.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is put on his defence as required by law.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Festo Mukolwe Alukwe (Criminal Case 30 of 2013) [2022] KEHC 12163 (KLR) (8 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12163 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 30 of 2013
WM Musyoka, J
July 8, 2022
Between
Republic
Prosecution
and
Festo Mukolwe Alukwe alias Yafes
Accused
Ruling
1. The accused faces a murder charge. It is alleged that on 5th June 2013 at Ekhumira Village, Shirotsa Sub-Location, Butere District, within Kakamega County, he murdered Wycliffe Ashioya Shikuku. He denied the charge. Five witnesses testified.
2. I am now called upon to decide whether the prosecution adduced enough evidence to warrant the accused being put on his defence.
3. I have perused the record, and in particular the testimonies of PW1, PW2 and PW3, and I am of the persuasion that the Republic has adduced adequate evidence to warrant the accused person being put on his defence
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF JULY 2022W M MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai instructed by director of Public Prosecution, for RepublicFesto Mukolwe Alukwe Alias Yafes, the accused, in person