[2016] KEHC 4190 (KLR)
The court, after reviewing the record, evidence, and written submissions, found that the prosecution had established a prima facie case against the accused. This finding was based on the totality of the evidence from eight prosecution witnesses, which, if unchallenged, would be sufficient to warrant a conviction....
Source-derived case information.
- Citation
- [2016] KEHC 4190 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohono Matiko Mugure alias Mareki Matiko
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohono Matiko Mugure alias Mareki Matiko
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 him being placed on his defence.
Ratio Decidendi
The court, after reviewing the record, evidence, and written submissions, found that the prosecution had established a prima facie case against the accused. This finding was based on the totality of the evidence from eight prosecution witnesses, which, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused was required to be placed on his defence in accordance with the law.
Court Disposition
accused put on his defence
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL CASE NO. 85 OF 2014
(Formerly Kisii High Court Criminal Case No. 120 of 2012)
REPUBLIC..................................................................................PROSECUTOR
VERSUS
MOHONO MATIKO MUGURE alias MAREKI MATIKO.................ACCUSED
RULING
1. On 24/10/2012, the Accused person herein MOHONO MATIKO MUGUREaliasMAREKI MATIKO was charged with the murder of SUSAN NYAIRABU MUGESI.That was before Hon. R. Lagat Korir, J. in the High Court at Kisii in Criminal Case No. 120 of 2012.
2. The accused person denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of eight witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered as well as the written submissions filed by the Defence Counsel and it is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense.
4. Consequently the Accused person herein is hereby put on his defense.
DELIVERED, DATEDandSIGNED at MIGORI this 20th day of July 2016.
A. C. MRIMA
JUDGE