[2017] KEHC 3031 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Francis Ochieng Nyambori, for the murder of Quinter Anyango. After reviewing the evidence from four prosecution witnesses, the court determined that there was sufficient evidence to require the accused to be placed on his...
Source-derived case information.
- Citation
- [2017] KEHC 3031 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Ochieng Nyambori
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defense.
- Judges
- AC Mrima
- 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
Francis Ochieng Nyambori
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defense.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Francis Ochieng Nyambori, for the murder of Quinter Anyango. After reviewing the evidence from four prosecution witnesses, the court determined that there was sufficient evidence to require the accused to be placed on his defense in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defense.
Orders
- The accused is hereby placed on his defense.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 12 OF 2015
REPUBLIC ............................................................................................PROSECUTOR
-VERSUS-
FRANCIS OCHIENG NYAMBORI................................................................ ACCUSED
RULING
1. On 23/06/2016, the Accused person herein FRANCIS OCHIENG NYAMBORI was charged with the murder of his wife oneQUINTER ANYANGO.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of four witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense. There is prima facie evidence that the accused person was involved in the death of the deceased herein.
4. Consequently, the Accused person herein is hereby placed on his defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 03rd day of October 2017.
A.C. MRIMA
JUDGE