[2016] KEHC 4194 (KLR)
The court found that, after reviewing the evidence of seven prosecution witnesses and the submissions of the defense, the prosecution had established a prima facie case against the accused persons. Therefore, the accused were required to be put on their defense in accordance with the law.
Source-derived case information.
- Citation
- [2016] KEHC 4194 (KLR)
- Parties
- Applicant: Republic; Defendant: Jared Odira Arara; Defendant: Michael Arara Malaki
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons to be put on their defense.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, 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
Jared Odira Arara
Defendant
Michael Arara Malaki
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defense.
Ratio Decidendi
The court found that, after reviewing the evidence of seven prosecution witnesses and the submissions of the defense, the prosecution had established a prima facie case against the accused persons. Therefore, the accused were required to be put on their defense in accordance with the law.
Court Disposition
Accused persons to be put on their defense.
Orders
- The accused persons are hereby put on their defenses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 73 OF 2014
(FORMERLY KISII HIGH COURT CRIMINAL CASE NO. 130 OF 2013)
REPUBLIC ...................................PROSECUTOR
VERSUS
1. JARED ODIRA ARARA................ ACCUSED
2. MICHAEL ARARA MALAKI......... ACCUSED
RULING
JARED ODIRA ARARAand MICHAEL ARARA MALAKI were lointly charged with the murder of EVALYNE AKINYI.That was before Hon. Sitati, J. in the High Court at Kisii in Criminal Case No. 130 of 2013 on 02/12/2013.
The accused persons denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of seven witnesses in its bid to prove the charge against the Accused persons.
This Court has carefully perused the record and the evidence tendered as well as the written submissions filed by the Defence Counsel and it is satisfied that the prosecution has established a case against the Accused persons to warrant them be placed on their defenses.
Consequently the Accused persons herein are hereby put on their defenses.
DELIVERED, DATEDandSIGNED at MIGORI this 20th day of July 2016.
A . C. MRIMA
JUDGE