[2014] KEHC 6392 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons, Jared Rioba Oigo and Peter Kaigai Ndungu, based on the evidence presented by 11 witnesses, including circumstantial evidence and the doctrine of recent possession. The court held that the evidence was sufficient to...
Source-derived case information.
- Citation
- [2014] KEHC 6392 (KLR)
- Parties
- Applicant: Republic; Defendant: Jared Rioba Oigo; Defendant: Peter Kaigai Ndungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused found to have a case to answer; ordered to make their defence
- Judges
- CC Kipkorir
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jared Rioba Oigo
Defendant
Peter Kaigai Ndungu
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting them on their defence.
- 2 Whether the circumstantial evidence and doctrine of recent possession are sufficient to support the prosecution's case at this stage.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons, Jared Rioba Oigo and Peter Kaigai Ndungu, based on the evidence presented by 11 witnesses, including circumstantial evidence and the doctrine of recent possession. The court held that the evidence was sufficient to require the accused to be put on their defence as per Section 306 of the Criminal Procedure Code. The submissions by the defence, which argued that the case was based on suspicion, were not persuasive at this stage. The court therefore ruled that both accused have a case to answer and must make their defence.
Court Disposition
accused found to have a case to answer; ordered to make their defence
Orders
- Each accused is required to make their defence as per Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 9 OF 2012
REPUBLIC………………………………………….PROSECUTOR
VERSUS
JARED RIOBA OIGO…………………….….………1ST ACCUSED
PETER KAIGAI NDUNGU...……………..……….....2ND ACCUSED
RULING
The accused, Jared Rioba Oigo and Peter Kaigai Ndungu are facing trial for the murder of Pius Makhatse Ko’nzolo They are alleged to have committed the offence on 14th December 2011 at Lavington Nairobi within Nairobi County. They denied the charge when arraigned in court on 23rd January 2012.
The prosecution has called a total of 11 witnesses. At the close of the prosecution’s case both the prosecution and the defence filed written submissions which they subsequently highlighted.
The prosecution has urged the court to find that each accused has a case to answer. It has filed extensive submissions analyzing the evidence as presented in court through the prosecution witnesses. It is the prosecution’s submission that the circumstantial evidence tendered by the witnesses and the doctrine of recent possession supports its case against the accused. The defence on its part has filed submissions urging the court to acquit the accused for want of sufficient evidence. It is their submission that the prosecution’s case is build on mere suspicion.
Having carefully considered and analysed all the evidence on record as well as the submissions made by both the prosecution and the defence, I find that the prosecution has established a prima facie case to warrant putting the accused on their defence. I find the accused Jared Rioba Oigo and Peter Kaigai Ndungu have a case to answer. I require each to make their defence as per Section 306 of the Criminal Procedure Code.
Ruling deliveredat Nairobi this27th day of February, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………...: Court clerk
Jared Rioba Oigo : 1st Accused
Peter Kaigai Ko’nzolo : 2nd Accused
……………………………...: For the Accused
……………………………...: For the State