[2015] KEHC 3764 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established sufficient evidence to make out a prima facie case against the accused, Jacob Musee Ingosi. This finding means that the evidence presented, if uncontradicted, would be sufficient to warrant a conviction. Consequently, the...
Source-derived case information.
- Citation
- [2015] KEHC 3764 (KLR)
- Parties
- Applicant: Republic; Defendant: Jacob Musee Ingosi alias Tonny
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- The accused is found to have a case to answer and is placed on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jacob Musee Ingosi alias Tonny
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused person to warrant him being placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, established sufficient evidence to make out a prima facie case against the accused, Jacob Musee Ingosi. This finding means that the evidence presented, if uncontradicted, would be sufficient to warrant a conviction. Consequently, the accused is required to be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court's decision is based on the legal standard that, at the close of the prosecution's case, the evidence must be such that a reasonable tribunal could convict if the accused chose to remain silent.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused is placed on his defence under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 51 OF 2009
REPUBLIC .............................................................. PROSECUTOR
VERSUS
JACOB MUSEE INGOSI ................................................. ACCUSED
RULING
When JOHN MUTSOTSO was murdered on 20th/21st October, 2009, JACOB MUSEE INGOSI alias TONNY was subsequently charged with the said murder on 25/03/2010. He denied the charge and the trial followed thereafter.
A total of 6 witnesses testified and at the close of the prosecution’s case this Court revisited the evidence inorder to establish if at all any prima facie case had been established against the Accused person.
This Court returns the finding that indeed the prosecution managed to establish a prima facie case as against the Accused person warranting him to be placed on his defence. The Accused person therefore has a case to answer. Section 306 of the Criminal Procedure Code to be accordingly complied with.
DELIVERED, DATED and SIGNED this 16th day of July, 2015
A.C. MRIMA
JUDGE