[2020] KEHC 284 (KLR)
The court found that, after considering the evidence of 8 prosecution witnesses and the submissions by the defense, the prosecution had established a prima facie case against the accused. Therefore, the accused was required to be placed on her defense in accordance with Section 306(2) of the Criminal Procedure Code....
Source-derived case information.
- Citation
- [2020] KEHC 284 (KLR)
- Parties
- Applicant: Republic; Defendant: Millicent Akoth Dima
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused placed on her 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
Millicent Akoth Dima
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant her being placed on her defense.
Ratio Decidendi
The court found that, after considering the evidence of 8 prosecution witnesses and the submissions by the defense, the prosecution had established a prima facie case against the accused. Therefore, the accused was required to be placed on her defense in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not determine guilt but only that there was sufficient evidence for the defense to be called.
Court Disposition
accused placed on her defense
Orders
- The accused person is hereby placed on her defense.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 12 OF 2018
REPUBLIC........................................................................PROSECUTOR
-VERSUS-
MILLICENT AKOTH DIMA..................................................ACCUSED
RULING
1. The accused person herein was charged on 08/06/2018 jointly with another not before Court with the murder of oneCalvince Ater.
2. The accused person denied the charge and a trial was held. The prosecution called 8 witnesses. At the close of the prosecution’s case the Defence Counsel, Miss Apondi, filed comprehensive submissions. I have carefully considered the submissions which are rich in precedent and the law.
3. I have also considered the evidence on record. I am of the view that this is a matter in which the prosecution established a prima facie case against the accused person to warrant her be placed on her defense.
4. Consequently, the accused person herein is hereby placed on her defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 4th day of March, 2020
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Miss. Apondi,Counsel for the accused person.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant