[2019] KEHC 89 (KLR)
The court found that, after considering the evidence adduced by the prosecution, a prima facie case had been established against each of the accused persons. This finding required the accused to be placed on their defense in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that...
Source-derived case information.
- Citation
- [2019] KEHC 89 (KLR)
- Parties
- Applicant: Republic; Defendant: Milka Atieno Kidaga alias Beatrice Achieng alias Rosemary Akoth alias Roselyn Akoth; Defendant: Lucas Kidaga; Defendant: James Kidaga Baika
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused persons placed on their defense.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Milka Atieno Kidaga alias Beatrice Achieng alias Rosemary Akoth alias Roselyn Akoth
Defendant
Lucas Kidaga
Defendant
James Kidaga Baika
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defense.
Ratio Decidendi
The court found that, after considering the evidence adduced by the prosecution, a prima facie case had been established against each of the accused persons. This finding required the accused to be placed on their defense in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution's evidence, if unchallenged, could potentially result in a conviction, thus meeting the threshold for a case to answer.
Court Disposition
Accused persons placed on their defense.
Orders
- The accused persons are hereby placed on their defenses in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 25 OF 2017
REPUBLIC .......................................................PROSECUTOR
-versus-
1. MILKA ATIENO KIDAGA alias BEATRICE ACHIENG
alias ROSEMARY AKOTH alias ROSELYN AKOTH
2. LUCAS KIDAGA
3. JAMES KIDAGA BAIKA...................................ACCUSED
RULING
1. On 09/11/2017 the accused persons herein were jointly charged with the murder of oneMichael Oyoo Weche.
2. The accused persons denied the charge and a trial was held. The prosecution called 10 witnesses.
3. At the close of the prosecution’s case the matter was left to the Court for a determination. 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 19th day of December, 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Agure OderaCounsel 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.