[2023] KEHC 18762 (KLR)
The court found that the evidence of the first prosecution witness (PW1) placed the accused at the scene of the crime and alleged that the deceased was assaulted by the accused. Upon reviewing the evidence from all five prosecution witnesses, the court determined that a rebuttable case had been established linking...
Source-derived case information.
- Citation
- [2023] KEHC 18762 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Mateche; Defendant: Silas Mateche
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Both accused persons found to have a case to answer and are put on their 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
Samwel Mateche
Defendant
Silas Mateche
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the evidence of the first prosecution witness (PW1) placed the accused at the scene of the crime and alleged that the deceased was assaulted by the accused. Upon reviewing the evidence from all five prosecution witnesses, the court determined that a rebuttable case had been established linking the accused to the offence. Consequently, the court held that both accused persons had a case to answer and should be put on their defence in accordance with the law.
Court Disposition
Both accused persons found to have a case to answer and are put on their defence.
Orders
- Both accused persons are put on their defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Mateche & another (Criminal Case 29 of 2016) [2023] KEHC 18762 (KLR) (26 May 2023) (Ruling)
Neutral citation: [2023] KEHC 18762 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 29 of 2016
PJO Otieno, J
May 26, 2023
Between
Republic
Prosecution
and
Samwel Mateche
1st Accused
Silas Mateche
2nd Accused
Ruling
1. Having perused the evidence recorded from the 5 witnesses, the court finds that the evidence of PW1 points the accused at the scene of the crime and alleges that the deceased was assaulted by the accused.
2. The court finds that a rebuttable proof has been established linking the accused to the offence thus calling for their say toward the rebuttal of that evidence.
3. I find both have a case to answer and put them on their defence.
DATED, DELIVERED AND SIGNED AT KAKAMEGA THIS 26TH DAY OF MAY 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the Prosecution/StateNo appearance for Mr. Momanyi for the AccusedCourt Assistant: Polycap