[2019] KEHC 8635 (KLR)
The court found that, after considering the evidence on record and the submissions of counsel, the prosecution had established a prima facie case against each of the accused persons. This finding was based on the standard set out in Section 306(2) of the Criminal Procedure Code, which requires the court to place an...
Source-derived case information.
- Citation
- [2019] KEHC 8635 (KLR)
- Parties
- Applicant: Republic; Defendant: John Busere Chacha; Defendant: John Rioba Mwikwabe; Defendant: Catherine Mogesi; Defendant: Japanese Rioba
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2017
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution's Case
- Outcome
- Accused persons placed on their defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, No Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Busere Chacha
Defendant
John Rioba Mwikwabe
Defendant
Catherine Mogesi
Defendant
Japanese Rioba
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being placed on their defence.
Ratio Decidendi
The court found that, after considering the evidence on record and the submissions of counsel, the prosecution had established a prima facie case against each of the accused persons. This finding was based on the standard set out in Section 306(2) of the Criminal Procedure Code, which requires the court to place an accused on their defence if a prima facie case is made out. The court was satisfied that the evidence adduced by the prosecution, if believed, could support a conviction, and therefore the accused persons were required to answer the charge.
Court Disposition
Accused persons placed on their defence.
Orders
- Each accused person is hereby placed on their defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL CASE NO. 15 OF 2017
(Consolidated with Criminal Case Nos. 18 and 19 of 2017 and No. 19 of 2018)
REPUBLIC ............................................................................PROSECUTOR
VERSUS
1. JOHN BUSERE CHACHA
2. JOHN RIOBA MWIKWABE
3. CATHERINE MOGESI
4. JAPANESE RIOBA.....................................................................ACCUSED
RULING
1. Having been initially separately charged, the accused persons herein were formally jointly charged on 23/07/2018 with others already before court for the murder of onePeter Marwa John.
2. The accused persons denied the charge and a trial was held. The prosecution called 6 witnesses.
3. At the close of the prosecution’s case Counsels for the Accused persons filed written submissions. They contended that there was no sufficient evidence to warrant the accused persons be placed on their defences They also referred to several decisions which I have carefully read.
4. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.
5. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 4th day of April 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. KiseraCounsel for the First Accused person.
Mr. JuraCounsel for the Second, Third and Fourth Accused persons.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assist