[2017] KEHC 118 (KLR)
The court found that the prosecution, having called eleven witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that each accused person be put on their defence in accordance with the law. The ruling does not...
Source-derived case information.
- Citation
- [2017] KEHC 118 (KLR)
- Parties
- Applicant: Republic; Defendant: Sammy Nyamweya Nyaboga; Defendant: Alice Moraa Omwenga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- prima facie case established; accused to be put on their defence
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sammy Nyamweya Nyaboga
Defendant
Alice Moraa Omwenga
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called eleven witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that each accused person be put on their defence in accordance with the law. The ruling does not determine guilt but confirms that the prosecution's evidence meets the threshold required to call for a defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
prima facie case established; accused to be put on their defence
Orders
- Each accused person shall give their defence to the charge.
- Defence hearing scheduled for 22/11/2017.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 28 OF 2013
REPUBLIC.............................................................................PROSECUTOR
VERSUS
SAMMY NYAMWEYA NYABOGA......................................1STACCUSED
ALICE MORAA OMWENGA..............................................2ND ACCUSED
RULING
The two accused persons SAMMY NYAMWEYA NYABOGA (hereinafter referred to as the 1st accused) and ALICE MORAA OMWENGA (hereinafter referred to as the 2nd accused) are jointly charged with MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called eleven (11) witnesses in support of their case. I have considered the evidence on record and I am satisfied that a prima facie case has been established. I therefore direct that each accused person shall give their defence to the charge.
Dated in Nakuru this 6th day of October, 2017.
Mr. Ochang holding brief for Mr. Cheche for 1st accused
Ms Lagat holding brief for Mr. Akango for 2nd accused
Court – Defence hearing on 22/11/2017.
MAUREEN A. ODERO
JUDGE