[2023] KEHC 17897 (KLR)
The court found that the prosecution, having called seven witnesses and presented its case, established a prima facie case against the accused, Joshua Opembe Shiboka, for the offence of murder. The evidence presented was deemed sufficient to require the accused to be placed on his defence in accordance with Section...
Source-derived case information.
- Citation
- [2023] KEHC 17897 (KLR)
- Parties
- Applicant: Republic; Defendant: Joshua Opembe Shiboka
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E035 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is placed on his defence.
- Judges
- JK Sergon
- 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
Joshua Opembe Shiboka
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence presented by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses and presented its case, established a prima facie case against the accused, Joshua Opembe Shiboka, for the offence of murder. The evidence presented was deemed sufficient to require the accused to be placed on his defence in accordance with Section 211 of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage but ruled that the accused must answer to the charge based on the evidence adduced.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused is placed on his defence in accordance with Section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Shiboka (Criminal Case E035 of 2021) [2023] KEHC 17897 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17897 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E035 of 2021
JK Sergon, J
May 31, 2023
Between
Republic
Prosecutor
and
Joshua Opembe Shiboka
Accused
Ruling
1. Joshua Opembe Shiboka, the Accused herein is charged with the offence of Murder Contrary to Section 203 as read with 204 of the Penal Code. Particulars of the information dated March 29, 2021, are that on February 25, 2021 at Majengo Estate, Township Sub-Location in Kericho East Sub-County, within Kericho County, the Accused murdered Kennedy Otieno Chila.
2. The accused, according to the court records, was arrested on March 21, 2021 and arraigned in court on March 29, 2021. He was mentally examined on March 25, 2021 and found to be mentally sound and fit to stand trial.
3. On July 6, 2021, the accused took plea and pleaded not guilty to the charge of murder. The prosecution called seven (7) witnesses who testified in support of its case.
4. Having considered the evidence tendered by the Prosecution, I am satisfied that the prosecution has established a prima facie case therefore the accused has a case to answer.
5. I accordingly place the accused on his defence, section 211 of the Criminal Procedure Code cap 75 Laws of Kenya to be complied with.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 31ST DAY OF MAY, 2023. …………….J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - MusyokiLangat for the Accused