[2017] KEHC 2872 (KLR)
The court found that the prosecution had established a prima facie case against the accused, John Ochieng Nguka, through the evidence of six witnesses, sufficient to require him to be placed on his defense as per Section 306(2) of the Criminal Procedure Code. The court was satisfied that there was evidence upon...
Source-derived case information.
- Citation
- [2017] KEHC 2872 (KLR)
- Parties
- Applicant: Republic; Defendant: John Ochieng Nguka
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder, 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
John Ochieng Nguka
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 warrant him being placed on his defense.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, John Ochieng Nguka, through the evidence of six witnesses, sufficient to require him to be placed on his defense as per Section 306(2) of the Criminal Procedure Code. The court was satisfied that there was evidence upon which a reasonable tribunal could convict if the accused chose to remain silent, thus necessitating the defense to be called.
Court Disposition
accused placed on his defense
Orders
- The accused person, John Ochieng Nguka, is hereby placed 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. 31 OF 2015
REPUBLIC........................................................PROSECUTOR
- versus -
JOHN OCHIENG NGUKA........................................ACCUSED
RULING
1. On 28/09/2015, the Accused person herein JOHN OCHIENG NGUKAwas charged with the murder of oneYOWERI MUSEVENI PAUL.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of six witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense. There is prima facie evidence that the accused person was involved in the death of the deceased herein.
4. Consequently, the Accused person herein is hereby placed on his defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 11th day of October 2017.
A. C. MRIMA
JUDGE