[2010] KEHC 3312 (KLR)

[2010] KEHC 3312 (KLR)

The court found that, based on the evidence of the prosecution witnesses, a prima facie case had been established against the accused persons. This finding required the accused to be put on their defence in accordance with the law. The court did not make a determination on guilt or innocence at this stage, but only...

Source-derived case information.

Citation
[2010] KEHC 3312 (KLR)
Parties
Applicant: Republic; Defendant: Shem Ashiono Hezron; Defendant: Patrick Ndombi Shakwila
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 4 of 2005
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused persons put on their defence.
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

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Parties

Republic

Applicant

Shem Ashiono Hezron

Defendant

Patrick Ndombi Shakwila

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 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, based on the evidence of the prosecution witnesses, a prima facie case had been established against the accused persons. This finding required the accused to be put on their defence in accordance with the law. The court did not make a determination on guilt or innocence at this stage, but only that the prosecution's evidence was sufficient to warrant the accused being called upon to answer the charge.

Court Disposition

Accused persons put on their defence.

Orders

  • The accused persons are hereby put on their defence.