[2012] KEHC 3409 (KLR)

[2012] KEHC 3409 (KLR)

The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling...

Source-derived case information.

Citation
[2012] KEHC 3409 (KLR)
Parties
Applicant: Republic; Defendant: Peter Loko Kisaka
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 26 of 2009
Procedural Posture
Criminal Case / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code
Outcome
Accused to be put on his defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Peter Loko Kisaka

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code

Legal Issues

  1. 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 seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not address the merits of the defence or the ultimate guilt or innocence of the accused, but solely determines that the prosecution's evidence meets the threshold to put the accused on his defence.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder in accordance with Section 306(2) of the Criminal Procedure Code.