[2019] KEHC 6663 (KLR)
The court found that the prosecution had adduced sufficient evidence through the testimony of 8 witnesses and production of 5 exhibits to establish a prima facie case against the accused, Moses Kibet Kangongo, for the offence of murder. Applying the standard set out in Section 306 of the Criminal Procedure Code and...
Source-derived case information.
- Citation
- [2019] KEHC 6663 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Kibet Kangongo
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Kibet Kangongo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer the charge of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through the testimony of 8 witnesses and production of 5 exhibits to establish a prima facie case against the accused, Moses Kibet Kangongo, for the offence of murder. Applying the standard set out in Section 306 of the Criminal Procedure Code and relevant case law, the court held that a reasonable tribunal could convict the accused if no explanation is offered. Consequently, the accused is required to make his defence to the charge of murder.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is invited to make his defence in accordance with Section 306 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 GARSEN
CRIMINAL CASE NO 7 OF 2015``.
REPUBLIC...................................PROSECUTION
VERSUS
MOSES KIBET KANGONGO.............ACCUSED
RULING
1. The accused Moses Kibet Kangogo is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 4th day of December, 2015 at Ngao QRT Camp Ngao trading centre within Tana River County murdered John Ngang’a.
2. The trial began before Ongeri J on 19th July 2016 who heard 6 witnesses. I subsequently took over the matter and have heard 2 witnesses. The prosecution closed its case on 12th February, 2019 after presenting a total of 8 witnesses and producing 5 exhibits.
3. I have carefully considered the evidence now on record and the submissions of the parties. It is my finding that the prosecution has established a prima faciecase against the accused. He has a case to answer. He is invited to make his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling dated, signed and delivered at Garsen this 18th day of June, 2019.
………………………..
R. LAGAT KORIR
JUDGE
In the presence of
The Accused present in person
Sharon - Court Assistant
Ms. Aoko - for the Accused
Mr. Kasyoka -for the State