[2015] KEHC 5989 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Peter Ingoka Khatsimba, for the murder of Kelly Fefa Shitandi. The evidence on record, including the fact of death and the circumstances presented by the prosecution witnesses, warranted the...
Source-derived case information.
- Citation
- [2015] KEHC 5989 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Ingoka Khatsimba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- The accused is put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Burden of Proof, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Ingoka Khatsimba
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 to warrant the accused being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Peter Ingoka Khatsimba, for the murder of Kelly Fefa Shitandi. The evidence on record, including the fact of death and the circumstances presented by the prosecution witnesses, warranted the accused being called upon to give his defence. The court, therefore, ruled that the accused should be put on his defence in accordance with the law.
Court Disposition
The accused is put on his defence.
Orders
- The accused, Peter Ingoka Khatsimba, is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 46 OF 2012
REPUBLIC ......................................STATE COUNSEL
VERSUS
PETER INGOKA KHATSIMBA................... ACCUSED
RULING
On 03/12/2012, the Accused herein PETER INGOKA KHATSIMBA was charged with the murder of one KELLY FEFA SHITANDI.
He pleaded not guilty and thereafter the hearing of the case commenced. The prosecution called a total of 4 witnesses in its bid to prove the charge against the Accused.
At the close of the prosecution case on 24/11/2014 the parties invited the Court to make a ruling while reserving their submissions.
This Court has perused the record and the evidence tendered. It is a fact that the said KELLY FEFA SHITANDIlost his life and in view of the available evidence on record it would be only prudent to hear the Accused on what he may have to say on the charge, if any.
On that footing and upon the assessment of the evidence, this Court is satisfied that the prosecution has adduced sufficient evidence to warrant the Accused be placed on his defence.
The Accused herein is accordingly put on his defence.
DATED, DELIVERED AND SINGED AT KAKAMEGA THIS 12TH DAY OF FEBRUARY2015.
C. MRIMA
JUDGE