[2018] KEHC 5538 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused person for the murder of Thomas Masiaga Mang’ang’a. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2018] KEHC 5538 (KLR)
- Parties
- Respondent: Republic; Defendant: Kennedy Chacha Masiaga
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kennedy Chacha Masiaga
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 him being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused person for the murder of Thomas Masiaga Mang’ang’a. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered the accused to be put on his defence, as the threshold for a prima facie case had been met.
Court Disposition
Accused placed on his defence.
Orders
- The accused person is hereby placed on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL CASE NO. 7 OF 2015
REPUBLIC......................................................PROSECUTOR
-VERSUS-
KENNEDY CHACHA MASIAGA.........................ACCUSED
RULING
1. On 13/02/2015, the accused person herein was charged with the murder of his father oneTHOMAS MASIAGA MANG’ANG’A.
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 prima facie case against each of the accused persons to warrant them be placed on his defense.
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 28th day of June 2018.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. KisiaCounsel for the Accused person.
Miss Atieno, Learned Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the Respondent.
Evelyne Nyauke– Court Assistant.