[2023] KEHC 1481 (KLR)
The court found that the prosecution, through the evidence of seven witnesses, established a rebuttable case that the accused was present at the scene where the deceased suffered fatal injuries. This evidence was sufficient to require the accused to be placed on his defence, as a prima facie case had been made out...
Source-derived case information.
- Citation
- [2023] KEHC 1481 (KLR)
- Parties
- Applicant: Republic; Defendant: Aggrey Makatiani Madegwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- PJO Otieno
- Legal Topics
- Case to Answer, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Aggrey Makatiani Madegwa
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 his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of seven witnesses, established a rebuttable case that the accused was present at the scene where the deceased suffered fatal injuries. This evidence was sufficient to require the accused to be placed on his defence, as a prima facie case had been made out against him. The court therefore ruled that the accused has a case to answer and should proceed to the defence stage of the trial.
Court Disposition
accused placed on his defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for May 10, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Madegwa (Criminal Case 50 of 2015) [2023] KEHC 1481 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1481 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 50 of 2015
PJO Otieno, J
March 2, 2023
Between
Republic
Prosecutor
and
Aggrey Makatiani Madegwa
Accused
Ruling
1. Having studied and perused the totality of the evidence adduced by the prosecution’s seven (7) witnesses, I do find that there is rebutable position established by the prosecution that the accused was present at the scene where the deceased suffered the very grave injuries that led to her death.
2. For that the accused has a case to answer and he is therefore placed on his defence.
3. Defence hearing on May 10, 2023
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:Khayumbi for the AccusedMs. Chala for the ProsecutionCourt Assistant: Polycap Mukabwa