[2005] KEHC 82 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons through the evidence of five witnesses, which showed that the deceased was killed at the alleged time and place and that the evidence pointed to the accused. Consequently, the accused were put on their defence in...
Source-derived case information.
- Citation
- [2005] KEHC 82 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Wanjala Efumbi; Defendant: Kefin Wafula Efumbi; Defendant: Jackson Mukani Efumbi; Defendant: Davies Wawire Efumbi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2002
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case/close of Prosecution Case
- Outcome
- accused put on their defence
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philip Wanjala Efumbi
Defendant
Kefin Wafula Efumbi
Defendant
Jackson Mukani Efumbi
Defendant
Davies Wawire Efumbi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case/close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant their being put on their defence.
- 2 Whether the evidence adduced links the accused to the murder of Matayo Efumbi.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons through the evidence of five witnesses, which showed that the deceased was killed at the alleged time and place and that the evidence pointed to the accused. Consequently, the accused were put on their defence in accordance with the law, and the defence was directed to indicate the mode of defence and whether witnesses would be called.
Court Disposition
accused put on their defence
Orders
- The accused are put on their defence.
- Defence counsel to indicate whether the accused will give sworn or unsworn evidence and whether they will call witnesses or remain silent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA
Criminal Case 35 of 2002
REPUBLIC .......................................................................................................................PROSECUTOR
VERSUS
1. PHILIP WANJALA EFUMBI
2. KEFIN WAFULA EFUMBI
3. JACKSON MUKANI EFUMBI
4. DAVIES WAWIRE EFUMBI ............................................................................................ ACCUSED
R U L I N G
The four accused were charged with murder of Matayo Efumbi on 24. 7.01 at Sikhindu village, Buchangu Sub-location, Central Bunyala In Kakamega district, Western Province, in Kenya. A total of five prosecution witnesses gave evidence in support of the charge.
The evidence shows that the deceased was killed on the day and place alleged. It also points to the accused persons. In the circumstances, I put the accused on their defence. The defence counsel will indicate to the court whether the Accused will give sworn or unsworn evidence and whether they will call witnesses or whether they will keep mum.
Delivered, dated and signed at Kakamega on the 16th day of December, 2005.
G. B. M. KARIUKI
J U D G E