[2012] KEHC 4966 (KLR)
The court found that the prosecution, having called fifteen witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the court ruled that both accused...
Source-derived case information.
- Citation
- [2012] KEHC 4966 (KLR)
- Parties
- Applicant: Republic; Defendant: Newton Njoroge; Defendant: Philliph Wambua Kioko
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused persons to be put on their defence.
- Judges
- JV Juma
- 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
Newton Njoroge
Defendant
Philliph Wambua Kioko
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called fifteen witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the court ruled that both accused persons must be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons to be put on their defence.
Orders
- Both accused persons shall give their defence to the charge of murder in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 24 OF 2009
REPUBLIC ……………..……………………..………….. PROSECUTION
VERSUS
NEWTONNJOROGE ……………………….…………….. 1ST ACCUSED
PHILLIPH WAMBUA KIOKO ….……...………………….. 2ND ACCUSED
RULING
The two accused persons face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of fifteen witnesses in support of their case. I have carefully considered the evidence adduced by these witnesses. In my opinion a prima facie case has been established as against both accused persons. As such I do hereby rule that they shall give their defence to the charge in accordance with Section 306(2) of the Criminal Procedure Code.
It is so ordered.
Dated and delivered in Mombasa this 16th day of March 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Magolo for both accused
Mr. Gioche for State