[2024] KEHC 2867 (KLR)
The court found that the prosecution's evidence, if left unchallenged, is sufficient to sustain a conviction against the accused. The evidence places the accused at the scene of the crime and requires him to provide an explanation as to how the deceased met her death. Consequently, the accused has a case to answer...
Source-derived case information.
- Citation
- [2024] KEHC 2867 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Mukhwana Nyongesa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
- Outcome
- The accused is found to have a case to answer and is called upon to make his defence.
- Judges
- DK Kemei
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Homicide, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Mukhwana Nyongesa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
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 presented is sufficient to sustain a conviction if the accused elects to remain silent.
Ratio Decidendi
The court found that the prosecution's evidence, if left unchallenged, is sufficient to sustain a conviction against the accused. The evidence places the accused at the scene of the crime and requires him to provide an explanation as to how the deceased met her death. Consequently, the accused has a case to answer and is called upon to elect how to conduct his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is called upon to make his defence.
Orders
- The accused is put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Nyongesa (Criminal Case E020 of 2022) [2024] KEHC 2867 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2867 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E020 of 2022
DK Kemei, J
March 19, 2024
Between
Republic
Prosecution
and
Evans Mukhwana Nyongesa
Accused
Ruling
1. I have carefully considered the evidence presented at this stage of the proceedings and find that a prima facie case has been made out by the prosecution to require the accused to make a defence. The evidence so far if considered in the absence of any other evidence to the contrary is sufficient to sustain a conviction against the accused herein where they elect to remain silent in defence. The evidence tendered has placed the accused at the scene of crime and he must now offer an explanation as to how the deceased met her death. The accused therefore has a case to answer and is now called upon to elect to conduct his defence in accordance with Section 306 (2) of the Criminal Procedure Code.
RULING DATED, AND DELIVERED AT BUNGOMA OPEN COURT ON THIS 19TH DAY OF MARCH, 2024. D K KEMEI,JUDGE19. 3.2024In the presence of:-Evans Mukhwana Nyongesa for AccusedOnkangi For AccusedMiss Kibet for ProsecutionKizito - Court Assistant