[2023] KEHC 20931 (KLR)
The court found that the prosecution had adduced sufficient evidence through three witnesses who testified to seeing the accused hit the deceased on the head with a rungu or fimbo. This evidence was deemed adequate to establish a prima facie case against the accused, thereby requiring him to be put on his defence in...
Source-derived case information.
- Citation
- [2023] KEHC 20931 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Wanzala Lubakha
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Wanzala Lubakha
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 had adduced sufficient evidence through three witnesses who testified to seeing the accused hit the deceased on the head with a rungu or fimbo. This evidence was deemed adequate to establish a prima facie case against the accused, thereby requiring him to be put on his defence in accordance with the law. The court was satisfied that the threshold for a case to answer had been met, and thus the accused must proceed to present his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Lubakha (Criminal Case E006 of 2023) [2023] KEHC 20931 (KLR) (28 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20931 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E006 of 2023
WM Musyoka, J
July 28, 2023
Between
Republic
Prosecution
and
Charles Wanzala Lubakha
Accused
Ruling
1. I have perused the record, and I had the advantage of hearing all the witnesses herein. 3 witnesses testified to seeing the accused hit the deceased on the head with a rungu or fimbo. I am persuaded that the Republic has adduced evidence to establish a prima facie case against the accused herein, sufficient to support a finding that the accused has a case to answer, to warrant his being put on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS …….............28TH................…DAY OF…………….......JULY......…………. 2023**WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Appearances3. Mr. Mayaba, instructed by the Director of Public Prosecutions, for the Republic.P4. Mr. Okutta, instructed by Gona Joyce, Advocate for the accused person.criminal case no. e006 of 2023 – ruling 2