[2023] KEHC 1004 (KLR)
The court found that the prosecution, having called five witnesses and presented evidence implicating the accused in the murder of Livingstone Nyota, had established a prima facie case. Despite the absence of some witnesses, the evidence on record was sufficient to require the accused to answer to the charge. The...
Source-derived case information.
- Citation
- [2023] KEHC 1004 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Lenangetei
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Lenangetei
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses and presented evidence implicating the accused in the murder of Livingstone Nyota, had established a prima facie case. Despite the absence of some witnesses, the evidence on record was sufficient to require the accused to answer to the charge. The court therefore ruled that the accused has a case to answer and must be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Lenangetei (Criminal Case 8 of 2020) [2023] KEHC 1004 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1004 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 8 of 2020
CM Kariuki, J
February 16, 2023
Between
Republic
Prosecutor
and
Peter Lenangetei
Accused
Ruling
1. The accused was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal CodeCap 63 Laws of Kenya.
2. The particular of the offence being that on August 23, 2020 within Loruko- Baragoi highway in Samburu north sub-county within Samburu county jointly with others not before court, murdered one Livingstone Nyota
3. He pleaded not guilty and prosecution has called five (5) witnesses but remaining witnesses have vailed to appear to testify. The court gave prosecution a window to bring the same by the ruling date and seeking re-opening of case as court deemed case as closed.
4. Meanwhile court goes a heard to rule on whether accused has a case to answer.
5. After going through evidence on record i find the accused has a case to answer and is put on his defence.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 16TH DAY OF FEBRUARY, 2023. ………………………………..CHARLES KARIUKIJUDGE