[2006] KEHC 1356 (KLR)
The court found that the evidence tendered by the prosecution, including the testimonies of seven witnesses, squarely incriminated the accused with the offence of murder. The court was satisfied that a prima facie case had been established against the accused, warranting that he be put on his defence in accordance...
Source-derived case information.
- Citation
- [2006] KEHC 1356 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Nalianya Wekesa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2003
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fred Nalianya Wekesa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
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 evidence tendered by the prosecution, including the testimonies of seven witnesses, squarely incriminated the accused with the offence of murder. The court was satisfied that a prima facie case had been established against the accused, warranting that he be put on his defence in accordance with section 306 of the Criminal Procedure Code. The court therefore ruled that the accused must inform the court how he intends to tender his defence.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence.
- The case is adjourned for defence hearing.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Criminal Case 14 of 2003
REPUBLIC..........................................................................................................................PROSECUTOR
VS
FRED NALIANYA WEKESA.......................................................................................................ACCUSED
RULING
The accused herein, Fred Nalianya Wekesa is before this court facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the nights of 15th and 16th April 2003 at Soy Sambu Scheme, Soy Sambu Sub-location in Bungoma District within the Western Province, jointly with others not before court murdered Magdaline Wairimu Muriithi.
The prosecution closed its case after leading the evidence of seven (7) witnesses. The learned Principal counsel and the defence counsel made submissions under section 306 of the Criminal Procedure Code.
I have considered the evidence and the able submissions. I am satisfied that the evidence tendered squarely incriminates the accused with the offence of murder. Consequently, the accused is placed in his defence. It is now upon the accused and his legal advisers to inform this court as to how he intends to tender his defence.
Dated and delivered this 12th day of September 2006.
J. K. SERGON
JUDGE
In open Court in the presence of Mr. Onchiri for the accused and in the presence of Mr. Onderi for the state.
COURT: This case is adjouned to 11. 00 a.m for defence hearing.
J. K. SERGON
JUDGE