[2013] KEHC 3889 (KLR)
The court found that the prosecution had adduced sufficient evidence through its nine witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as provided by law. The ruling does not determine guilt but merely finds that the...
Source-derived case information.
- Citation
- [2013] KEHC 3889 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Kyalo Ngondo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Kyalo Ngondo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its nine witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as provided by law. The ruling does not determine guilt but merely finds that the evidence, if uncontroverted, could support a conviction, thus necessitating the defence hearing.
Court Disposition
Accused put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Case 4 of 2011 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC……………………………………..……….………PROSECUTION
VERSUS
JOSEPH K. NGONDO………………………………….…………ACCUSED
RULING
The accusedJOSEPH KYALO NGONDOfaces a chargeof MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.Theaccused entered a plea of ‘Not Guilty’ to the charge. The prosecution called a total of nine (9) witnesses. Based on the evidence I am satisfied that a prima facie case has been shown. I do hereby direct that the accused shall give his defence to the charge.
Dated and delivered in Mombasa this 29th day of April, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Ngeno for Mr. Tanui for Accused
Court Clerk Mutisya
Court:
Hearing on 8th May, 2013 for defence hearing.
M. ODERO
JUDGE
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