[2022] KEHC 11169 (KLR)
The court found that the prosecution, having called 11 witnesses and closed its case, had established a prima facie case against the accused. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with the...
Source-derived case information.
- Citation
- [2022] KEHC 11169 (KLR)
- Parties
- Applicant: Republic; Defendant: Nginoidi Emejen Lowoto
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nginoidi Emejen Lowoto
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called 11 witnesses and closed its case, had established a prima facie case against the accused. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with the law. The court was satisfied that the threshold for a case to answer had been met under section 306 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Nginoidi Emejen Lowoto (Criminal Case 18 of 2018) [2022] KEHC 11169 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11169 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 18 of 2018
CM Kariuki, J
July 29, 2022
Between
Republic
Prosecutor
and
Nginoidi Emejen Lowoto
Accused
Ruling
1. The accused is charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars being that on October 12, 2018at Kileboi Manyatta Samburu North Sub-County within Samburu County murdered Lorno Emejen.
3. Accused pleaded not guilty to the instant charge thus the matter proceeded to full hearing.
4. The prosecution called 11 witnesses and on closure of prosecution case, the court was called to determine where a prima facie case was established.
5. The parties Advocates put submissions which I have gone through. I find the accused has a case to answer.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 29TH DAY OF JULY 2022………………………..CHARLES KARIUKIJUDGE