[2017] KEHC 7938 (KLR)
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused person. The evidence on record was sufficient to require the accused to be put on his defense, in accordance with the legal threshold set by Section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2017] KEHC 7938 (KLR)
- Parties
- Respondent: Republic; Defendant: Joanes Onyango Nyandeje
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joanes Onyango Nyandeje
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 require him to be put on his defense.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, had established a prima facie case against the accused person. The evidence on record was sufficient to require the accused to be put on his defense, in accordance with the legal threshold set by Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution's case was strong enough to warrant a response from the accused before a final determination on guilt or innocence could be made.
Court Disposition
accused put on his defense
Orders
- The accused person is hereby put on his defense.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 28 OF 2014
(Formerly Kisii High Court Criminal Case No. 17 of 2012)
REPUBLIC ..........................................................................PROSECUTOR
=VERSUS=
JOANES ONYANGO NYANDEJE.............................................. ACCUSED
RULING
1. On 09/02/2012, the Accused person herein JOANES ONYANGO NYANDEJEwas charged with the murder of oneDUNCAN OUMA OMITI.That was before Hon. Sitati, J. in the High Court at Kisii in Criminal Case No. 17 of 2012.
2. The accused person denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of nine witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered and it is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense.
4. Consequently the Accused person herein is hereby put on his defense.
DELIVERED, DATEDandSIGNED at MIGORI this 24th day of January 2017.
A. C. MRIMA
JUDGE