[2020] KEHC 5402 (KLR)
The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against both accused persons. This finding compels the court, under Section 306(2) of the Criminal Procedure Code, to place the accused on their defence, as the evidence on record, if...
Source-derived case information.
- Citation
- [2020] KEHC 5402 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Boke Mwikwabe; Defendant: Susan Jackline Boke
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused persons placed on their defence
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, 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
Applicant
Mary Boke Mwikwabe
Defendant
Susan Jackline Boke
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 persons to require them to be placed on their defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against both accused persons. This finding compels the court, under Section 306(2) of the Criminal Procedure Code, to place the accused on their defence, as the evidence on record, if unchallenged, could potentially result in a conviction. The court thus complied with the statutory requirement and directed the accused to present their defence.
Court Disposition
accused persons placed on their defence
Orders
- The accused persons are hereby placed on their defences pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 8 OF 2019
REPUBLIC....................................................PROSECUTOR
-versus-
1. MARY BOKE MWIKWABE
2. SUSAN JACKLINE BOKE............................ ACCUSED
RULING
1. The accused persons herein were jointly charged on 01/07/2019 with another not before Court with the murder of oneMongosi Mokaya.
2. The accused persons denied the charge and a trial was held. The prosecution called 5 witnesses.
3. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.
4. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 22nd day of May, 2020
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Oyuer,Counsel for the accused persons.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant