[2017] KEHC 3008 (KLR)
The court found that the prosecution had established a prima facie case against both accused persons through the evidence of six witnesses, sufficiently linking them to the death of the deceased. As a result, the court ruled that the accused persons must be placed on their defense in compliance with Section 306(2)...
Source-derived case information.
- Citation
- [2017] KEHC 3008 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Robi Marwa; Defendant: Daniel Marwa Boke
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons placed on their defense.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Robi Marwa
Defendant
Daniel Marwa Boke
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 persons to warrant them being placed on their defense.
- 2 Whether the evidence adduced links the accused persons to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against both accused persons through the evidence of six witnesses, sufficiently linking them to the death of the deceased. As a result, the court ruled that the accused persons must be placed on their defense in compliance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence on record, if unchallenged, could potentially result in a conviction, thus necessitating the defense to be called.
Court Disposition
Accused persons placed on their defense.
Orders
- The accused persons are hereby placed on their defenses.
- Section 306(2) of the Criminal Procedure Code is complied with.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 71 OF 2014
REPUBLIC ............................................................................................PROSECUTOR
-versus-
STEPHEN ROBI MARWA
DANIEL MARWA BOKE…………................................................................ ACCUSED
RULING
1. On 26/06/2013, the Accused persons herein were charged with the murder of oneSOLOMON ADAMS MWITA.
2. The accused persons denied the charge and the hearing of the case was conducted. The prosecution called a total of six witnesses in its bid to prove the charge against the accused persons.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a case against each of the accused person to warrant them be placed on their defenses. There is prima facie evidence that the accused persons were involved in the death of the deceased herein.
4. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 11th day of October 2017.
A C. MRIMA
JUDGE