[2019] KEHC 10130 (KLR)
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused person. This finding is based on a careful perusal of the record, which satisfied the court that the evidence adduced, if unchallenged, could potentially lead to a conviction. Therefore, in...
Source-derived case information.
- Citation
- [2019] KEHC 10130 (KLR)
- Parties
- Respondent: Republic; Defendant: Pascal Bokobora Nyahore
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Defence Stage, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Pascal Bokobora Nyahore
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused person. This finding is based on a careful perusal of the record, which satisfied the court that the evidence adduced, if unchallenged, could potentially lead to a conviction. Therefore, in compliance with Section 306(2) of the Criminal Procedure Code, the accused is required to be placed on his defence to answer to the charge of murder.
Court Disposition
accused placed on his defence
Orders
- The accused person is hereby placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 15 OF 2018
REPUBLIC ............................................PROSECUTOR
-versus-
PASCAL BOKOBORA NYAHORE........... ACCUSED
RULING
1. On 15/07/2018 the accused person herein was charged with another not before Court with the murder of oneSamwel Manyera Sigiria.
2. The accused person denied the charge and a trial was held. The prosecution called five witnesses.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against the accused persons to warrant them be placed on his defense.
4. Consequently, the accused person herein is hereby placed on his defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 7th day of February 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. MwitaCounsel for the Accused person.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant.