[2020] KEHC 8845 (KLR)
The court found that the prosecution, having called ten witnesses, established sufficient evidence to form a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt...
Source-derived case information.
- Citation
- [2020] KEHC 8845 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Muu Kiteng’e
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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
Nicholas Muu Kiteng’e
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, established sufficient evidence to form a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the evidence presented, if unchallenged, would warrant a conviction, thus necessitating the accused to respond to the case against him.
Court Disposition
accused placed on defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 18 OF 2018
REPUBLIC.......................................................PROSECUTION
-VERSUS-
NICHOLAS MUU KITENG’E.................................ACCUSED
RULING
1. Nicholas Muu Kiteng’e the accused herein is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The prosecution arraigned ten (10) witnesses to prove its case. The witnesses have testified on what happened and what they witnessed. I am satisfied that there is sufficient evidence forming a prima facie case against the accused person.
3. I hereby place him on his defence under section 306(2) Criminal Procedure Code.
Orders accordingly.
Delivered, signed & dated this 22nd day of January 2020, in open court at Makueni.
................................
H. I. Ong’udi
Judge